A siding contractor installed nw aluminum facia and rain gutters, plus did some stucco repair work. The charge is 18k. I received it 2 weeks ago Money I expected to pay him has been delayed. Do I legally have 45 days to pay the bill, without penalty?
Thanks Dave ...Read More
We filed the preliminary when this job first started in January 2022, but we were not on the job for several months time because the owners were switching the contractor for the entire subdivision. We have preliminary notices filed for each lot we're working on, but the notices have the previous contractors name/info, do I need to update the notice or file a new one because of this?...Read More
Scenario: Architect designs plans for a townhome development. He charges a 1/2 to get started, and the remaining once the plans are done and stamped. The client doesn't receive the plans until they pay. This townhome development being funded by an individual investor plans to build 35 units. To keep his costs low the investor pays for chunks of the plans at one time and builds them as he goes. The architect has given him the first chunk of the plans, but since they are townhomes they are similar enough that the investor has just reused the same chunk to build all the units. How do you file a lien in this situation when the construction has already started?...Read More
We have a unique situation that arose late last Friday. On our project 314-9-1, APC West, our subcontractor, Flexx Truss Systems, LLC, sub, MSI Structural, filed a lien 3/16/23. Our General Contractor, The Pike Company, Inc., tendered the demand to us on 4/14/23. We have paid our sub and are still owed our 5% retainage and outstanding change orders totaling roughly $500,000. The project is in UT, so as I understand it, we have 30 days from the 14th to respond. This is really not our issue, but we must address or the owner will not get his Certificate of Occupancy which will make the payments get off track....Read More
I'm an owner building a new construction. one of the subcontractors recorded a lien on my property. I have all evidences that I paid the general contractor for the work of the above subcontractors and this work is also officially recorded as "paid". furthermore, the construction agreement between me and the general contractor also said that as long as I paid for any work , he (the general contractor) will hold me free from any liens from his workers/subcontractors. My question is ..what should I do now? should I take legal actions against the general contractor ? the project is not completed yet and I'm afraid that legal actions will impact the project. Thank you for your help....Read More
When does the 20-day preliminary notice for a subcontractor providing materials to a project begin? Upon drawing work or on the date the materials were actually delivered to the site?...Read More
I have been managing the development improvements on a 13 unit project in Payson for over 2 years now. I was always told that I would receive $10,000 up front and the remaining management fee would be paid when the owner sold the improved lots. I have been paid $9500 to date and the owner now refuses to sign any kind of agreement for the rest when he sells the lots. The work is about 85% finished, and I suspect he's just been holding me off until the work is all done, and then not pay me anything more. I told him I will not do any further work on the project unless he either pays be the remaining management fee, or he signs an agreement that he will pay me when he sells the lots. He still refuses to pay me anything. What are my rights as far as filing a lien on the project for the remaining management fee? I am a licensed real estate agent. ...Read More
My company was hired to supply labor on a job by the subcontractor. The sub that hired filed bankruptcy and is not responding to calls or emails. I would like to file a lien but I am not sure if I have those rights since our preliminary notice was filed 3 days after our deadline....Read More
My mom lives in my grandmas home my mom has had to pay for work done on the home contractors, permits, supplies, and labor costs. My grandma has recently passed the home is now in a trust and family is forcing my mom out. My mom wants to be reimbursed for all the work and repairs she’s had to pay for. She has paid rent on this home for 13 years. We’re in Utah can she legally put a mechanic lien on this home?...Read More
Is it a conflict of interest for lenders to ask builders to do their own draw inspections (take pictures, give progress of project, etc.) rather than use a neutral third-party draw inspector?...Read More
My fence contractor began work back in the beginning of May. They never filed a Preliminary Notice. Their work is terrible and while they have now completed the job yesterday (8/19/2021) to the best of their ability though not perfect, the refuse to take less than full payment. They want to put a lien on my house for the balance of $1877 as I am willing to still give $1877 additional to the $3755 owed. I am also the leasee of the property owned by a trust where I am the beneficiary, but not the trustee. Can they put a lien this late or take any action against me for non full payment? Thanks!...Read More
A plumber installed new showers and vanities in my house. They did not properly install the showers leaving big gaps and leaking as well as all the sinks were leaking. I am in the process of getting all of those things fixed and collecting the documented cost bids, so I know the total cost I am out before I settle the payment with the original plumber who seems to not know how to do plumbing. He is threatening a lien. Can he put a lien on my property? What laws are there to protect the homeowner from situations like this? What is my recourse? ...Read More
Subcontractor states preliminary notice is affecting their ability to be funded by the bank. They have asked us to retract preliminary and once funding is approved, we can re-instate....Read More