This customer bought some equipment for her restaurant, she has only made minimum payments and is not paying at all. I heard the property is up for ssale can we get a lein on the property so we can get our money?...Read More
If our subcontractor had recieved their final payment, but still owe some work what type of lien waiver would we use? Due to frozen ground some work was not finished, but final payment was already given....Read More
One year ago, my builder and I agreed that the final payment owed by us was $14,900. He was to finish the project by the end of May. Instead, it dragged on and was finally finished in March. He never made deadlines, and never sent any notice of changes in costs -- no change orders. He presented me with a bill for $34,000 last month, saying that costs had gone up in the ensuing year. I said I would only pay what we agreed, and sent him a check. He is now threatening a mechanics lien on our property by the end of this week if we don't pay up. ...Read More
If the property owner doesn't respond, can I go to small claims court? I can't afford to wait 2 years to 'foreclose.' The money owed me ($14,800) is twice what small claims court allows but is better than nothing......Read More
My property has an HOA. The HOA hired an architect to review plans for construction of our home. After paying the base fee to the HOA and requesting detail on the architects overages, the architect decided to double his original overage invoice, issue a new invoice for services we did not request, and is threatening to file a lien against our property if we don't pay up. My question is twofold: 1. Since he represents the HOA, and we never contracted him for services, does he have standing to pursue a lien against us? 2. Is it legal for someone to revise and inflate invoices for the same services? Feels unethical and borderline illegal....Read More
im a farmer/rancher in montana. my banker has liens on everything and takes most of money. i personally have never been paid. i mechanic, provide the labor, basically do everything to run this operation. basically a slave to the bank. what liens can i file to protect myself. i want to claim the maximum i can. can you tell me which liens can be filed and for how long a time. help....Read More
Hello,
I had a garage heater installed and in the contract it said that high voltage electrical was to be billed by another company (not named in the contact) at an hourly rate. An electrical company showed up (hired by the contractor I did have a contract with) and did the work without consulting me and did not do what they were supposed to (they ran conduit through the attic and penetrated my walls which they weren’t supposed to do and which took longer and was more expensive). I told them I was unhappy with this and that the conduit was supposed to be run across the ceiling so I could move the unit later. I mentioned this during installation and they said “it’s kind of too late.” I told the contractor that I was unhappy with the work done but that I’d be happy to pay him for his time, but not for the extra work that I didn’t want done. He refused and has threatened to put a lien on my house. Additionally, the circuit breaker keeps tripping so I have to have another electrician come out to fix his work. What options do I have? I know it’s only $750 but I don’t feel I should have to pay for work I didn’t want done, when I have no contract with these people, and they didn’t even consult me before starting! Can he just put a lien on my house without ever having consulted me?...Read More
One 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? ...Read More
I 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. ...Read More
Builder 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?...Read More
Hello. 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...Read More
the 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...Read More
Only 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...Read More
My roofing contractor cashed my check for more than half of the job on July 23. It is now December 4, and I am trying to get him to finish the final details. The job is full of mistakes, damage, and broken promises. The contractor approached me with a bill for almost $4,000 more than the original contract I signed. It is for stuff that should be inclusive, like drip edge, valley metal, and demolition. He has threatened me with a lien and sprayed me with gravel from his truck and cussed at me. Can he put a lien on my property for more than the signed contract and before the job is finished? I wrote him a letter three weeks ago asking him to finish the job so that I may pay him. He showed up with a padded bill. He has told me in writing that he is not making enough money on my job to make it a priority....Read More