We haven't received payment from the General Contractor who hired us. We had never sent the homeowners or GC a preliminary notice. Its been about 90 days since we have been waiting on payment. Am I still able to send a preliminary notice? Or can I just go ahead and said a Notice of Intent to the homeowners and GC?...Read More
I know Iowa requires a preliminary notice of lien rights be provided to the customer before work begins or soon after.
That being said, we do not have an "official form" for this; however, the fine print on our contract has a line that says the following:
"Pre-Lien Notice: company hereby provides notification that any person or company supplying labor or material for this improvement to your property may file a lien against your property if that person or company is not paid for their contributions. Upon default in payment, a lien will be placed on the property and charges will be added from the date of substantial completion at the maximum rate allowed by law."
Is this sufficient, or is there an actual official form that's needed in Iowa?
Thank you in advance for any assistance you can give.
Sincerely,
Joe James...Read More
My girlfriend's mom purchased a house that my girlfriend then rented. Her mom wanted some framing around water heater, etc done in basement and also wanted a deck built. Many text messages to prove that she asked for these things but no contract. Her mom was also there in person for some of the deck construction. Payment was never discussed. Her mother purchased most deck materials but not all. Now her mom suddenly wants to sell the house and has already had realtor pictures taken. Will not respond to anything regarding payment for any materials or labor. I did all the work myself. Also not sure if a permit was ever actually filed. Do I have any lein rights? ...Read More
Is this the wisest thing to do? As I've been shut down and locked out of project only while the general contractor is there! I need my tools and need to only finish very minor plumbing about 4 hours work until two weeks ago I was paid weekly while the general was in Florida at Thier other home they've been back two weeks now and have slowed the whole job down and two weeks have passed and no pay and no progress as they've been on other projects with little time for this one!! I've tried everything I'm prepared to file a lien with the home owners if I can't get finished and paid Saturday the 31 st of July!!...Read More
I have a condo neighborhood we are supplying to.....do i have lien rights as the supplier. The Condo association hired our contractor to do the work. Do I have lien rights and do i need to send the prelim right away?...Read More
After looking at Iowa's preliminary notice requirements - I would expect that, particularly on larger projects, prime subcontractors would almost always have provided that basic info (name, address, and phone) to the GC on behalf of their second-tier subs. Assuming they didn’t, the Iowa statute (572.33 sub 2) appears sufficiently vague to cover just about any single correspondence the second-tier sub would have with the GC (submittals, statements of value, invoices, heck…even email signatures). Wouldn’t you agree?...Read More
We have found that it is possible for our contractors to provide an inaccurate delivery location for their project, then we could end up liening the wrong location or losing our lien rights because it wasn't actually direct shipped....Read More