We were notified by a factoring company that a subcontractor had factored an invoice we owed the subcontractor. The payment terms were with in our payment policy period. The subcontractor took the funds from the factoring company and did not pay his suppliers or his subcontractors. We are now getting demand letters for the factoring company to pay the invoice however we are not paying them but using the mobey to pay the outstanding invoices the subcontractor owes. Do I have to pay the factoring company or offest the payments from what the subs owes?...Read More
We are a subcontractor company, we entered into a contract with another Sub to provide Material only. We have invoiced for all of product, though we still have some on site that has not been delivered. We have invoices going back to August 2022 through January 2023 that are unpaid. The one time I was able to get them on the phone, he informed that he did get paid by the owner and payment would be sent. He has since stopped responding. Because this is a product only contract, do we still have lien rights? If we do, do we send the intent to lien to our customer as well as the owner?...Read More
I work for myself. I was hired by my buddies boss to rebuild a motor in a 300 Chrysler. This motor was already taken apart and left on the ground. I'm the 2nd person to pick up after the 1st guy left. We were both unsure if it would start after o rebuilt it from this state. After 2 months of rebuilding this motor, it would not start. He called me last week and said he was taking it to a dealership. He owes for my labor over these 2 months. Do I lean his home or the vehicle. His intentions were/are to sell it after it starts. If it ever does. ...Read More
We filed a lien against a business and we need it to stay place Until we get payment.. It has affected the customer and we need to keep it in place....Read More
Our company (GC) requires that an unconditional lien waiver be signed at the time the check is picked up. However, we have one sub who is refusing to sign the lien waiver until the check clears her account. I tried to explain that's not how it works, and that the signed lien waiver means check is in hand, but we're currently at a standstill. We don't offer Conditional Waivers, and she is refusing to sign at the time of check pick-up, because she is claiming that it is "the law" that the check first clears her account. Any advice?...Read More
i have dispute with the general contractor on work he performed on my home. I have a signed contract with the GC that has penalties for not doing work on time which has essentially reduced what I owe the GC to zero.. He owes 2 subcontractors $5k each for a total of $10k and is claiming if I don't pay him, the subcontractors will come after me directly for payment.. can the GC's subs come after me directly if the GC does not pay them?...Read More
I'm a property owner who hired a GC to build a house on my property. when the GC exceeded the total estimate for the house by $80K, I told him that I was terminating the current construction contract and offered him a new one. He refused this offer and refused to sign the Lien Release that I gave him, and packed his tools and left the job site. He sent me a last invoice for work done. There are 4 subs who are owed money on that invoice. Since I do not now trust the GC,
I intend to pay the subs myself. I need a Lien Release that will give me peace of mind that these
subs will not file a lien against me in the future. I have paid for the cost of construction myself there is no loan. Can you help?
...Read More
We did a project in 2020 for a client and it ended successfully and without issue. In 2021 he had a pipe freeze and burst in his kitchen. He was out of the country and we had below zero temps and he hadn’t shut his water off. We turned in an insurance claim and they covered it. He called us back to make the repairs and now he is not paying us. There was no formal contract as we didn’t know what we were doing until we arrived on the job site. He supplied most material. Have text messages asking us to repair for him but when it came time to be paid he said he paid us enough with he first job in 2020 that we should have money left over to cover it. He knows we didn’t because we did a recap for him previously. When we sent him the breakdown of 2020 job w invoices, showing we went over budget by $24.00 he said he would have his accountant review but it’s tax season so it’ll take awhile. We are going on 10 weeks since work completed. When we said we’d need to be paid or we’ll have to start the lien process he said it was our fault the flood happened and that he would sue us and we’d lose. He owes us $8900. The previous renovation was $250,000. He knows he owes us money because he sent our designer an email saying he needed receipts from her so he could get us paid. The $250,000 job was fully permitted, licensed subs in all areas and passed all inspections. He says now it’s terrible work but prior to this we never heard one bad thing about our work. Do we pursue lien or let it go as we are in Colorado and don’t have a signed ‘contract’....Read More
On a current construction project, the title company is requiring conditionals and unconditional lien waivers for "lienable services" for vendors such as architects, engineers, surveyors, design professionals, and construction managers. These vendors do not provide furnished materials and do not contribute to any physical construction of the property. I thought lien waivers were only required for sub contractors who do physical work on the property. Do these service providers have the right to file a lien and what type of lien would they file if any?...Read More
I'm an electrical subcontractor working on a multifamily residential project in Denver, CO. I received a check for a partial payment owed. The total owed to us is $7,000, for which I have sent out a notice of intent to lien. I received a check for $1,700. The back of the check has stamped "Mechanic's Lien Waiver" and the contractor has emailed me claiming that that is the total he owes and is willing to pay. Wording below it says "By endorsing this check, payee waives and releases any mechanic's lien rights which payee may have with respect to work performed or materials furnished by payee for which payment is made by this check" Then a signature line below. Can I cash this check without signing the lien waiver? Can I sign the waiver but add a line that it only covers invoices through a certain date? Or do I risk my rights of my lien?...Read More
Hi,
One of our clients wants to pay his bill finally. We want to in return give him a paper that says our lien has been released. How do we go about doing this? Our company is B & W Electric LLC ...Read More