Hello,
Just wondering if the contract section below is in any way effecting my ability to file a lien against the General Contractor? (I am the Sub-Contractor).
13. Indemnity. In addition to the other indemnification provisions in this agreement, Sub-Contractor shall defend, indemnify and hold harmless Contractor, and Project Owner, and their affiliates, officers, directors, employees and agents, from and against the following, to the fullest extent permitted by law:
(a) All mechanic's and materialmen's liens, and all costs, attorney's fees and expenses incurred in connection with any such liens which arise by reason of or are related to the work or any part thereof.
Thank you...Read More
Hello,
I used to work for a large construction management firm in Boston, MA and recently started an underground utilities company. Dumb question, do lien rights still apply in the utilities industry where we are not working on a single private property but instead installing fiber optic conduit for a private internet provider within a municipalities right of way?
Thanks...Read More
I finished my work at the client's house somewhere on February 2022. I knew about some financial difficulties my client had by that time, and because it is a person I've known for the last few years I decided to wait. The total amount this person owns me right now is $10 000. The last check I received was on 9/6/2022, and since that I haven't received anything, only text messages promising payment. This person is not willing to pay even a small amount every month. Here is my question: can I file a lien as a private person? We never made any agreement, so in this case to I need some witnesses that I actually did my work on that house ( carpentry)? Is there any timeframe I should follow? I would appreciate your response. Thank you very much in advance....Read More
I am a licensed HVACR Connecticut Contractor.9 months ago I placed a mechanical lien on a property. Materials and labor were supplied to a (supposed) friend of 17+years where as a boiler, gas piping and hot water system were installed in his girlfriends home, Subsequently she became his wife. When the now husband was presented with a already discounted bill he refused to pay. We have spoken several times and he has made me offers for less than what the material cost me, this was unacceptable and only after I filed suit against him, his girlfriend and her father did he reach out to me to settle. I filed two small claim suits as the amount was greater than $5,000.00. I withdrew the suit as enforcement (Foreclosure) of the mechanics lien in place may wake him up and entice him pay. It is not worth the expense to litigate in superior court as the cost to defend my position could exceed the amount owed with no guarantee my collection efforts( Legal fees) will be compensated for....Read More
The following two clauses are included in a contract we're reviewing:
11.3. To the fullest extent permitted by law, Subcontractor for itself and for its subcontractors, laborers and materialmen and suppliers and all others directly or indirectly acting for, through or under it or any of them covenants and agrees that no liens or claims, whether a mechanics’ lien or an attested account or otherwise, will be filed or maintained against the Project or premises or any part thereof or any interests therein or any improvements thereon, or against any monies due or to become due from the Owner to Contractor or from Contractor to the Subcontractor, for or on account of any work, labor, services, materials, supplies, equipment, or other items performed or furnished for or in connection with the Work, and the Subcontractor for itself and its Subcontractors, laborers, and materialmen and suppliers and all others above mentioned does hereby expressly waive, release and relinquish all rights to file or maintain such liens and claims and agrees further that this waiver of the right to file or maintain such liens and claims shall be an independent covenant and shall apply as well to work, labor and services performed and materials, supplies, equipment and other items furnished under any change order or supplemental agreement for extra or additional work in connection with the Project as to the Work covered by this Agreement.
11.4. If any subcontractor, laborer, materialman or supplier of the Subcontractor or any other person, directly or indirectly acting for, through or under it or any of them files or maintains a lien or claim, whether a mechanics’ lien or an attested account or otherwise, a mechanic’s lien or claim against the Project or Premises or any part thereof or any interests therein or any improvements thereon or against any monies due or to become due from the Owner to Contractor or from Contractor to the Subcontractor, for or on account of any work, labor, services, materials, supplies, equipment or other items performed or furnished for or in connection with the Work or under any change order or supplemental agreement for extra or additional work in connection with the Project, the Subcontractor agrees to cause such liens and claims to be satisfied, removed or discharged at its own expense by bond, payment or otherwise within ten (10) days from the date of the filing thereof, and upon its failure to do so Contractor shall have the right, in addition to all other rights and remedies provided under this Agreement and the other Contract Documents or by law, to cause such liens or claims to be satisfied, removed or discharged by whatever means Contractor chooses, at the entire cost and expense of the Subcontractor (such cost and expense to include legal fees and disbursements). The Subcontractor agrees to indemnify, protect, and save harmless Contractor and the Owner from and against any and all such liens and claims and actions brought, or judgments rendered thereon, and from and against any and all loss, damages, liability, costs and expenses, including legal fees and disbursements, which Contractor and/or the Owner may sustain or incur in connection therewith.
What I'm reading here is that, essentially, we're not allowed to place a lien on the property?? Am I understanding this correctly? And that if anyone of our associates does, the Contractor will satisfy the liens with funds owed to us?
We tried to have this stricken from the contract, but the Contractor told us that, per CT State Laws, even if it's in the contract, we can still file a lien but I can't find anything to back this up online. So I wanted to ask before sending this in. ...Read More
Contractor permanently damaged my home, did not pay balance to faulty contractor. Faulty contractor sued me for balance and put a lien on my home. Contractor did not show up for court case. Case was dismissed by judge. How do I get the lien removed from my property?...Read More
I am the homeowner of a property adjacent to an ongoing construction project. The only access to the construction project is via a right of way easement across my property. In performing the construction, they have incurred significant damage to my driveway; probably $60-$70,000. Am I able to file a mechanics lien against the project or is there a better way to handle that?...Read More
A contractor I hired did not pay one of his subs. The job was completed and we closed out payment with our contractor. Unbeknownst to us, he had subbed out part of the work, and never paid the sub. The sub has now sent us a notice to lien. We called the sub and they explained they have not been paid for their work and the contractor has been dodging them. Contractor is also not responding to us. What are our options?...Read More
I did hire subcontractors, to perform geotechnical study on the property, surveyor to prepare existing site map, developed architectural design,
(not a final construction drawings), prepared architectural site design (not an engineered construction site drawings).
I have to pay my consultants: geotechnical engineer for for soil tests, and soil reports, and surveyor for the property survey (property map), but owner does not pay. and it looks like he does not want to go further with the design at this time. I am afraid that this 90 days window may pass soon. ...Read More
Hello Everyone, I am a law student in CT interested in construction law and have been researching mechanic's liens. I have seen it referenced that some states prohibit assignment of said liens in articles posted on Levelset, but have failed to find any statutory language which explicitly prohibits them. Several states have no reference to assignment in their mechanics lien statutes at all. Is there a state which does not allow for assignment of a perfected mechanic's lien? Thank you for your time and effort. Levelset has been my go to for all construction research....Read More
We are a water restoration/mitigation company and were hired by homeowners to come and perform our services after a catastrophic water loss where the insurance has denied coverage. Since it is n ot a construction or under construction situation, but we performed mitigation services, are we still able to file a Mechanics Lien? ...Read More
I have been working for a year on this project and they refuse to pay me for Extra's. It is a HUD project and the company is based out of Connecticut. Do I treat the process the same as any other job? Is Hud/Government different? Am I filing against the company even though it is a government project?...Read More