We are contracting directly with the University (17197 Penn State University) so does that mean we don’t have any rights under the Little Miller Act? ...Read More
The contract was signed, but are there other courses of action, such as filing a lawsuit against the property owner(such as unjust enrichment)?
Also is there a responsibility on the part of the GC who is claiming not to have been paid. Do they have the responsibility to verify they have not been paid, and also to diligently attempt to pursue the payment through legal means? I checked in the jurisdiction and no court case or liens have been filed by the GC....Read More
I was hired by a Colorado GC to install as specified in the plans provided by the architect (this included which specific products to install). There is an issue with the manufacture of the products themselves, but they were installed properly. I am being told that I have punch list items to complete because the products are not working correctly. The products are defective, but install was correct. The GC should have already received 3 draws on this project, but is saying they have not received any payment. There is a pay when paid clause in the contract. The project is in CO.
Due to the corona virus, the site (it is a visual arts center owned by a university) is shut down so I couldn't do the punch list even if I wanted to.
What steps do I need to take to preserve my lien rights? How can I send an NOI when they aren't even open?...Read More
I am an individual, not a contractor.
I was in the process of purchasing a house from a neighbor.
The house is elevated near the water.
The foundation poles were rotted and the house was sagging.
We had a hurrican pending and the owner and I both were concerened about the stability of the house.
In the week before the storm came in I agreed to repair and replace the support post and stabilize the house at a cost of $18,000.
The house owner agreed to verbally to pay me back in the event that the sale did not go through. He also agreed to email me a simple document to that effect.
I paid to have the house repaired but the man did not send the document confirming the agreement.
The sale of the house did not go through and now the owner says that he is not going to reimburse me.
How can I file a lien on this property?
...Read More
I am a maintenance technician for a tax credit apartment building. Part-time position was what I was hired for and a couple of months into the job a maintenance technician from 2 other properties managed by the company we worked for decided to quit. The property manager I work for asked me to do some work on the other properties. So I thought I would be a team player and help. So the first project was carpet in an entire townhouse roughly 700 sq ft. I provided the carpet,seam tape and fuel back and forth which is a 90 mile round trip. I've provided 19 lbs of r22 freon several tstats and plenty of plumbing supplies etc... I provided the property manager with proper invoices for the materials and labor. Each item description of the unit used on and specifically detailed information on why I was charging them. So my property manager then tells me that they will not pay me back for the materials used to make the repairs. These properties are tax credit or 55+ low income housing and the residents have been asked to go without ac during 100° weather. What are my options for being repaid for my materials and labor? I've already spoken with the property manager about this and that's a dead end....Read More
What can a homeowner do when a contractor (roofer) does shoddy, incomplete work on contracted roof system and Fascia.
50% paid, remainder still due upon completion of work. Work commenced 9.28.2.22. Ongoing and incomplete.
Roofers were supposed to replace bad, rotten decking. 92 year old plank decking, 60% bad, rotten decking. <1% replaced. Planks bowing, cracked w/ >1 1/2 " spaces, some planks half gone and blown out from "shiners" / bad nailing. Many nails hanging in space, through asphalt shingles only, not secured to decking. My attic filled with an unreasonable amount of debris. Construction owner said if he had done the job he would have replaced some other planks...
Asphalt shingles are bowed and warped. Confirmed by field rep on 10.31.22 when he came to respond to my leaking roof. Bowing and warping has gotten worse, (more shingles) since that date.
Roof was leaking in one place after roof system installed on 10.31.22.
Roof is now leaking from a second area since 12.14.22. Contractor came out on 12.17.22, could not fix the leak, has been putting me off since.
Per the contract Ridge ventilation was to be installed, instead they just replaced two turbines.
The specified underlayment brand on contract was substituted with two other brands. Underlayment was not properly installed; does not cover entire decking. Drip edge installed behind gutters: water now dripping down Fascia.
Could not open my garage door for one month because they blocked it with miss-measured rake Fascia, still they wrapped this with aluminum.
As of 1 20. 2023 I can only open my garage door partially.
Fascia was supposed to be cut back to remove 2'' rot from eave(s) ends, then aluminum wrapped. Roofers cut back to soffits 20", rendering my gutter system useless at that juncture and destroying the aesthetic of my 92 year old Craftsman home.
Fascia work egregious; exposed wood, not measured, cut and bent or installed properly. They have come out twice to fix this. The owner admitted their first guy had little experience, the second person could not do it either. The second person told me quote: "it was not his problem, he has other problems" The owner confessed that they don't really do fascia work... ?
All Fascia work remains incomplete and shoddy.
This is a partial list only of the shoddy, defective and incomplete work as of 1.20.2023
Damage to my property: This includes House, Front Portico, Attached Back Porch and Garage.
Leaking roof 10.31.22 - current
Water damage and mold in Attic as a result of Leak#1 and now leak# 2
Pounds of debris and plank decking on my attic floor. (this is a usable attic, not storage only)
Damage to garage Gutters from improper removal, now unusable, must be replaced.
Trusses on garage blown out from "miss nailing", particularly on their protruding, exposed ends.
Damage to the cement board siding on back porch(12 sections damaged: cracked and fallen out)
Damage to my wood deck, that was not protected properly as advised by Co.
Damage to existing Fascia/Eaves
PLEASE, what are my options?
I am concerned because I do not think this is simply a case of my "deposit Back" but all of the damages and the cost to re-do this correctly, which I contracted them to do, and most likely will include tearing off the entire roof including the decking and replacement of all Eaves and Fascia?
additional notes.
1) The roofing contractor at no point during the project discussed anything or any issues with me.
2) The field rep. was adamant that that my roof needed to be replaced BEFORE winter and it seems to me this was an "end of season" rush job.
3) I have running txt threads w/ filed rep and Owner since the onset of this nightmare project.
Any guidance is much appreciated. My home is in St. Louis City, MO.
Thank you very much!!
...Read More
We’re a tree company in DE that removed a storm damaged tree and trimmed an additional tree on a residential property. Is tree work protected under a mechanics lien?...Read More
A contractor told me he was license and insured and he was also a retired captain in the state police of New Jersey he in fact is none of these I paid him $24,000 and have nothing but a mess to show for it what can I do? I have sufficient proof of all the above...Read More
I am the sub who is behind paying for his material because of disputes on another project. A rep from the supplier came to the job and threatened to lien the property. I tried to get an installment agreement to pay off the debt. The monthly I could afford was not enough so they demanded payment in full or else they would lien the property and go after my license. The general contractor freaked and paid them 5,000 and I was supposed to match that to keep the supplier from releasing the hounds. Well I somehow scraped that up but missed my mortgage payment which disqualified me from getting an equity loan which would have paid them off. I had already put time and money into making repairs on my house to qualify. Now the general wants to pay them again and deduct that from money that he owes me. I do not believe that the material supplier filed a preliminary notice, hence my question. Thank you....Read More
Our company ( it's corporation) file a mechanic's lien but we short of fund to hire attorney to represent us to foreclose the line. Can I sell to other people to fight with the owner?...Read More
We did a small turn and was supposed to be paid 1000 that Friday for our work. My husband and I worked under mark, he worked directly for a company named Conrax. Mark is just a gc as well, so I guess we were sort of his crew, but we had separate houses we were working on. Anyways mark didn’t pay that Friday said computers went down at the office. This was two weeks before Christmas. The week before Christmas we put a bid in on a house for 1340 or so, I have exact numbers. And we were to be paid the Friday before Christmas. We met his wife, she handed us a envelope with four hundred dollars in it and drove away. We usually get a check from them. The amount we were to be paid was the two weeks worth of work. We asked him had he made a mistake, he got mad and “fired” us. I have many texts and messages discussing prior to that, what was to be paid, what was owed and so on. My proof is what I call it? I got ahold of conrax told them I was filing a lien explained the situation. This was right after Xmas I talked to them, they said they’d contact mark and the higher up and get back to me. That very night, mark calls cussing yelling and screaming. His wife messages me asking what we’re owed, saying marks job is at stake how can she fix this and make it all go away. We also received threatening messages from on of marks actyal crew members. Today I finally herd back from conrex, they said since he had been paid out for the houses they can’t do anything bc mark claimed we had been paid everything we’re owed. They wouldn’t even look at my proof, and he still has his job? They pretty much said all I can do is sue mark. Even so, he won’t pay what we’re owed. Because he has done this, we’ve lost a lot. We have three children and bills just as everyone else, as I said we have a LIST of what we lost it wasn’t just the money and our main source of income. I need to know my next step. At this point hiring a lawyer isn’t a option due to not having money, even so, we wouldn’t get our money plus lawyer fees and court costs. And even so at that point if all worked in our favor, mark would never pay. I am not sure what my options now, I have someone I know who’s been in this business for 40 years and says to file a lien reguardless. Any information you could give would be very great. We are young and yes we’ve been renoavting houses on a smaller scale for a while now. But just within the past year we scaled out and started a company. ...Read More
I received a car from the widow of a customer in exchange for money owed for work done on the customers fabrication machinery of which I was owed 10 times of what the car was worth. The title was missing and the car had multiple problems of which I have spent time and money to repair myself...now the widow's son from out of state says that they found the title and want money or they will report the car as stolen. There was no written bill of sale and the title hadn't even been transferred from the original owner. He lost the title when he bought the car and never transferred it. I live in Oklahoma. I last worked on the equipment within the 4 month period in which i can still file a mechanics lien but the equipment has possibly already been sold to a local shop. another thing, he owned the house she lives in and took a loan out against it for his business. He was not incorporated.
I now wish to file liens on the machinery in which the work was performed if at all possible.....Read More
We've sold materials to builders and/or renovation companies who have failed to pay. We don't know where the materials were ultimately used. Do we have any lien rights when the company fails to pay us? If not, is our only other recourse taking them to court? Thank you!...Read More
I am a home-owner in Santa Rosa county florida and I had a grinder pump installed 10/2017 the company I bought it from and had it installed by hard-wired the pump and did not wire it to the box which will shut it off and alert us if there is a malfunction;causing the pump and surrounding puping to burn up and melt! Do I have any recourse if the warranty and labor was guaranteed for 2yrs, since it was installed incorrectly?...Read More
I have a friend who does business for the state of Alaska. the state has taken a lot more than 90 days in some cases to pay. Can she legally charge interest to the state on late payments? What recourse does the small business have against the State and its entities?...Read More