If the land based classification shows ownership is Federal government, but there is no bond in place (construction is public-private partnership), does the Miller Act still apply?...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
I can see that for first tier subcontractors on federal projects the 90 day filing isn't mandatory on under the Miller Act. What is the actual deadline to filing a Miller Act notice of claim in the state of Kansas for first tier subcontractors? What happens if you don't file a Miller Act Notice of Claim?...Read More
I have a customer that I assembled a playset for.
He paid all but $130. He never argued the price but refused to pay me at the time of completion. He did not pay until 3 hours after I left the residence and then refused to answer any calls or text messages from me. He never replied or tried to call me back. After finally sending me a payment he shorted me by $130 dollars. When I requested the rest or tried to reach out to him to inquire as to why he didn't pay the full amount, he refused to answer any calls or texts. How can I get the rest of my money? ...Read More
I have hired a general contractor to put an addition on my house. He then hired a concrete subcontractor who turned out to be a fraud. My GC paid the sub just over $13,000 in advance (he's going after him separately). The concrete supplier was given a bad check by the sub for around $5,800 and the check obviously bounced. I work in construction for an aggregate company that is a supplier to the concrete company that was given the bad check. They know I work for the aggregate company and called me at work to threaten filing a lien on my home property. Instead of letting my GC pay the bill and be done with it, they trusted sub when he said he would make payments (though he was in jail for numerous days). As of yesterday, they have sent out their notice to file lien on my property which is going to alert the Farm Service Agency who holds the loan on our house, acreage, cattle, and machinery. I have a couple questions: Can the concrete supplier actually file a lien on my property even though my GC has given them proof that the sub was paid for more than the amount of the material? It sounds like they will still be filing suit for the bad check even if my GC pays them in the next 10 days, can they actually do this? Lastly, are they allowed to track me down at work and call back in February to threaten a lien when the only reason they knew my place of employment is because of my business dealings with them?...Read More
I am a GC and I have paid my subcontractors per our subcontractor agreements. I have 1 subcontractor that is wanted more than what was agreed do and is threatening a lien. As a GC if I provide a lien waiver to the property owner with proof of payment to each of my subcontractors. Do I as the GC still need to collect a conditional lien waiver from each subcontractor?...Read More
I have a hotel with multiple contracts associated with it, but they all tie back to one address. Do I have to file the liens per each contract or per the one address?...Read More
I need to release a lien filed 12/16/2022 against Smithfield Foods. We have been paid. Case number 2022-SL-000503-ML Les Rush Universal Foam Products 410-498-0000...Read More
Had a contract with the homeowner to do improvements and the total of $9, 022.00 completed contract work and homeowner asked me to do extra work backsplash repaint kitchen repaint All trim doorways install all the appliances in the house and to a total of $3,500 of work and now doesn't want to pay...Read More
I learned that the hiring party changed on mechanics lien that was filed in Kansas. I wanted to know, if its best/required to update the hiring party on the recording lien or should I leave it as is? The fear is that I would have to release the current lien filed after the lien deadline, is there an alternative option? ...Read More
We are the home owner and we agreed on the work to be done verbally and through pictures and discussion. The owner of the company said he sent the project list or sent it accidentally to another home owner. We continued to ask for it and he promised it would be shared. In the mean time we signed the contract to start Jan 2nd (50% down). Now he has come back with an inflated price and it doesn’t included even everything we agreed too. What to do and how to cancel the contract and get our down payment back? Thanks...Read More
I remodeled a duplex for a friend not his primary residence we made a trade off for some labor so I could live there well he has passed away and the daughter wants to move in she offered me what she thought would be fair and wants me out in 30 days I want the full amount due for labor now I don't think she will pay me ...Read More