My mother passed away 3 some years ago, willed the house she'd been living in to my younger sister; I'd moved here to Mississippi, almost 9 years ago, at mom's request, to assist her during some health issues she was having. She'd consistently, actually for years, insisted that the home she was living in, here, at the time of her death, would be willed to me. I've done ALOT of work on this house, both while she was alive, and after her death, was living here with her for the last 8 months of her life, have been told she left the house to my sister's son due to "loans" she acquired from my sister, but, due to the fact I'm also on SSDI, I can't afford to move or rent any other residence. I've challenged the will, the judge was constantly postponing the hearings, finally determined the will stands as written, my sister wants me out of here so she can sell the place, how do I put a lein on the place so that she will either reimburse me for the $114,760 I've invested into it, or not be able to sell the place?...Read More
I am a Sub Contractor working for a company that is NOT the GC. ( so I would assume they are sub contractors aswell). I did not file a notice to owner when starting this project in Mississippi back in June 2020. I have a feeling do to payments dragging the company I am providing labor for only is not going to pay me for work completed( we are at number 95% right now). Can I still sent a notice to owner ( I only know the GC on this project not sure how to find out the owner)? I also have change order which I still need to submit after completing that beginning of Sept 2020. And last I am still owed retainer which normally only gets released 45- 90 days after completing my scope of work which will be done by End Sept 2020 First week Oct 2020.
As a note. This construction we are doing is a extention of a existing property. ...Read More
I have concerns about a contract's language regarding my lien rights. The job is located in Mississippi. We are a business located in Wisconsin. We would be a sub to the General Contractor (who is also the owner). We have never seen language like this in any contract and I am uncertain as to
what the language actually means. Is this language particular to the State of Mississippi?
Is the notice the contract speaks of actually the notice of intent to lien?
The language in the contract reads as follows:
part (D) - For any lien right Subcontractor may claim or desire to assert against Contractor in accordance with the terms and conditions of the subcontract or otherwise, Subcontractor must first provide Contractor with written notice of a claimed legitimate dispute between the parties hereto by giving Contractor 45 days prior written notice of such claimed dispute, , which note shall set forth in particular detail the nature of the claim, the proposed amount of the claim and demonstrates that Subcontractor is not in default of any of the terms and conditions of this Subcontract. During said 45 day notice period, Subcontractor and Contractor shall use reasonable efforts to resolve any such claimed dispute, failing in which, Subcontractor shall provide 15 days prior written notice to Owner of the property and Contractor that satisfactory resolution of the claimed dispute has not occurred and that Subcontractor intends to file a lien against Owner's property in accordance with the terms and conditions of this Subcontract or otherwise. Failure to provide the notices required herein shall constitute a waiver of Subcontractor's rights to file any lien against the Owner's property. The provisions of this section are not intended to grant to Subcontractor any additional line rights other than those provided by statute. All such notices required by this Section 13 (d) shall be sent by certified mail, return receipt requested....Read More
If a cell tower is built on a residential property, would we file paperwork as we would a residential lien? Or would it make more sense to file it as a commercial project?...Read More