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Montana Questions
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Montana
We are a subcontractor working on a project in Butte, MT for Katerra LLC. They have declared they are finished. Sure you may have read of them in the media. We had not had a Preliminary Act Lien for the project (never even heard of it before). The project was started in September 2020. Can we place one now for going forward in the event they do not pay. They are NOT in arears as of yet. We are expecting payment next week. The branch we deal with said yesterday, they are branching off, rebranding and things are "status quo "so to speak. What legal rights do we have? I have been in touch with John at LevelSet and will have a Zoom call next week. This is a Federal project, Davis Bacon.
MontanaWe provided equipment repair on customer owned equipment and there is a balance due for the charges that the customer is not satisfying. In other states we have the ability to execute a Repairman's Lien but I am not locating any on it in Montana.
MontanaOne of my employee's performed repairs on a vehicle the person that had us do the job has decided not to pay the bill because I personally did not do the repairs myself and that it's not in her name therefore I can't put a mechanic lien on it . is that true?
MontanaWe are a General Contractor working on building a hotel in Montana. Do our vendor's 2nd/3rd tier subcontractors need to file preliminary notices?
MontanaI rented a piece of equipment for a project that was covered by a payment bond and need to file on the bond since I have not received payment for over 90 days.
MontanaI am a GC working on a project in Missoula, MT. We had a vendor that left our project and we found out they were hiring second tier subcontractors and not paying them or they were paid with bad checks. We are trying to find out if these subcontractors have lien rights.
MontanaThe roofer came to me at the end of the job with extra charges that he made up and never had me sign for. He let water pour into my house twice and sent meth heads to do the work. He would not pay them and I wound up managing the job and finishing it as he would not supply labor or basic materials to finish (screws, metal, etc). He yelled at me at sprayed gravel on me with his truck. Super unprofessional and passive/agressive. He took half of the money in July, started in September, and finished in December after it had snowed on the unfinished roof three times. I paid him in full the agreed upon contract price and informed him in writing that if he cashed the check, the matter would be considered closed. Now he has come back with a letter almost three months later saying he has filed a lien. I have not been served any papers, just a letter stating he has filed a lien. He claims I agreed to his extra charges. I did not and told him so. He is desperate for money as he has tax problems and a reputation for being a crook. Can I tell him to get lost.
MontanaI submitted a bid for cleaning that covered just the one time construction clean. The subcontract asked for an additional 5k allowance and we missed it on our estimate. We did the work and negotiated an additional 1k for more cleaning they asked for (at the time didn’t know about the 5k allowance) I submitted our invoice and now they are taking off 4K from our original bid. They said we are tied to the contract we signed but not the estimate we submitted that didn’t include an “additional allowance”. They basically took our price for cleaning and broke it up into base cleaning price and extra 5k allowance. Is this ethical?
Montanawhat is the minimum deposit that can be required for a construction project?
MontanaBuilder put a lien on my house. There is no explanation of how he got to the figure of $11,000 and on his sworn statement he claimed works began in January when we didnt move in till June.We a Lo tried to negotiate and he ignored us. I think the lien is harsh and illegal?
MontanaWe are a Montana company performed work on a BC residence in Canada. Can we file a construction lien on the BC Property. We are not registered in BC
MontanaWe have filed a lien on property in Montana. The customer also signed a personal guarantee on his credit application with us. Can we file suit on the personal guarantee even though we have a lien or do we need to release the lien in order to invoke the personal guarantee?
MontanaHello. I had a contractor file a lien for work was not performed. In addition removed material off my property. I was forced to finalize the remaining work on my own. My question is the theft of materials considered conversion? As well, I have a detailed accounting of materials removed, work performed that contractor did not finish. To date, a lien was filed for $53,000 with no lawsuit. The frivolous lien was filed with a round number but not any invoices or any detailed accounting We have a thorough narrative and proof of work completed. How can someone perfect a lien in Montana without supporting accounting? In addition we are a brand new RV park with lost income due to the contractors dishonesty, and delay in opening.We have made continuous requests-demands for an accounting. Can someone just make up a false lien and file it with no accounting? Any advice would be much appreciated, In addition to a SW Montana attorney that specializes Mechanic Lien law-consruction litigation? Thank you for your time in advance.
Matthew. Kingincda2@gmail.com
Montanathe property in question was given to me in 1996 by my father. i started working on the house then and i have building on it since. ten years ago my wife had a drinking problem and i thought that i would be looking at high medical bills since my wife and myself are small business owners and had no medical insurance. the property that i am placing a lien on was not my primary residence at the time. fearing high hospital bills, i transferred the property deed to my middle son Jim. in 2017, Jim ran into trouble with the law, and I was worried the government would claim this property since they can seize just about anything they want, so i had Jim transfer the deed to my oldest son Marty. The residence has since become our primary residence and in the last year i have added an addition, attached 2 garages, installed a new septic system, and landscaped the entire 1.25 acres. My wife is 69 years old and has had and still is having health issues. Since there has never been a mortgage on the property, I planned on applying for a reverse mortgage loan to help pay for the medical bills and to help me hire some in house help for her. When I told this to my oldest son, he informed me that he was not going to deed this back to me and my wife. I have put an extreme amount of money into the house in the last two years. i don't know what my legal options are to recover the property. I want to place a lien on the property for the amount i have invested. I don't know what to put for the date started since i started improving the property the year i was gifted the land in 1996. Any and all suggestions as to who to hire (lawyer?) or what to do would be appreciated. Steve S. Engelhardt
MontanaOnly been in business for myself for a few years now have never had to worry about a Lien before. Did not send a lien notice or anything before starting the project. So how do I get started or is it to late haven’t been paid and invoice was sent in 12/7/2020
Montana