I’m doing work for a realtor in weddington nc. The guy has told me he was going to pay me but has not giving me anything. I have paid for all of the material, rented a bobcat, plus paid for labor. He has told me to get my shit and get out of the property sue him if I need too ...Read More
I finished a house,received my final inspection and we have yet to receive final payment and they are not answering my calls. It has been 3 weeks....Read More
I completed work on a project back in October and have been strung along for payment since .i have not heard from the contractor that hired me since January I have reached out the homeowner as well (partner of the contractor) and have had no reply...Read More
We are a subcontractor working at a project and received the waiver of release of liens(MLA appointment). We have submitted 1 pay application and have withheld 5% retainage. Retainage has not been billed out. Do we fill this out before we have received payment or after we have payment in our hands? 1. Certifications and Waiver: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and other benefits accruing, Potential Lien Claimant certifies that (i) he/she/it has signed this Waiver in the correct legal capacity and has the authority to sign this Waiver; (ii) such Potential Lien Claimant has not received any Notice of Claim of Lien upon Funds or Claim of Lien on Real Property from any other person or entity. Potential Lien Claimant waives and releases any lien, claim of lien or other interest whatsoever which such Potential Lien Claimant or anyone claiming by, through, or under such Potential Lien Claimant might have in the Property. Potential Lien Claimant waives and releases any right or protection Potential Lien Claimant may have arising out of any Notice to Lien Agent that Potential Lien Claimant has filed relating to the Property in accordance with the provisions of NCGS 44A-11.2 for work performed prior to and after execution of this Waiver. 2. Reliance: This Agreement may be relied upon by the purchaser in the purchase of the Property, Lender to make a loan secured by the Deed of Trust encumbering the Property and by Company in issuance of a title insurance policy or policies insuring title to the Property without exception to matters certified in this Agreement. The provisions of this Agreement shall survive the disbursement of funds and closing of this transaction and shall be binding upon Potential Lien Claimant (and anyone claiming by, through or under them). 3. NCLTA Copyright : THIS IS A COPYRIGHT FORM and any variances in the form provisions hereof must be specifically stated in the blank below and agreed to in writing by the Company....Read More
We placed a mechanics lien on a customer last year in North Carolina and it was filed on June 11th, 2021. The customer is now trying to sell his house - my question is, if the lien is expired does it still interfere with the selling of his home, or is he incentivized in any way to pay his debt so we can release the lien? ...Read More
We provide mold treatment services and performed a job in NC in May entailing a 14 hour drive. At one hour away the customer cancelled. Then called back and said 1/2 now and 1/2 in 30 days. We did the job being within an hour. We were told it worked. As 2nd payment approached, they said they did a mold test and it showed mold in the crawl space where water leak was. Our re-application warranty has certain specific perimeters which were not met rendering the warranty not applicable. It would also requirement paid in full status. This demand is an excuse to not pay knowing we're not coming back given no warranty. Can we file a lien?...Read More
I am a Realtor with my own brokerage. I have a valid, fully executed listing agreement and a valid, fully executed sales contract for FULL listing price on a vacant, residential property AS IS with no concessions and a fast closing, as requested by the POA for the owner. Then days before the closing the POA says they are not selling. I've asked why. She only says the family situation has changed. I've asked if I have wronged her in any way with no response. I've asked for her attorney's contract info if she isn't willing to talk to me so we could work this out. No response. I've told her I will be taking legal action. I've researched and I'm still not sure if I can file a lien on the property. I believe someone who came to purchase the collectibles may have made an offer on the property and she's trying to avoid paying me for the commission I have definitely earned. I've worked on this sale that is in my neighborhood for over a year since the brother approached me asking if I could help them get the house emptied and sold for funds to take care of their mother without putting her in a nursing home. I've done all I could to help. I've spent extensive hours talking to this family and my investors, helping them get collectibles sold and get the property emptied and ready for closing. Can I file a lien on the property?...Read More
We own a mechanic repair shop/towing business. We have several vehicles on our lot that have been here for quite some time. How do we go about filing a lien to make sure we follow all the right steps?...Read More
Hello we selected an architect to design our house and provide floor plans. However, since initially working with the architect he has not provided any design feedback or helped us on designing. He has asked us to provide for him exactly what we want for him to draw. The contract for this project was sent via paypal to us and was not signed by either party at any point of the process. He never provided us via email the contract as well. The contract is laid out with payments through out the process (deposit, 50% of project when working on floor plans, 40% once plans are sent to engineering, 10% at construction documents). The contract does not have any clauses about cancelling the contract. We have paid him through deposit and 50% of project, however decided to go our separate ways prior to the 3rd installment. He is now requesting we pay him the 3rd installment even though plans were not ready to be sent to engineering and did not include all the changes we were asking. He is stating because a plan was ready for engineering that he wants to get paid before making changes. He is now threatening to put a lien on the real estate, can he do that? ...Read More
Hello, We have recently halted work on a project due to the lack of payment and were considering filing a lien on the GC or Owner. We began work in December of 2022 and are close to the 120 day deadline. The work is being done on townhomes and on a Time & Materials basis. A GC has contracted us to preform repairs on specific units incurring water intrusion but has been quiet in regards to payment. Different units were done at different times so I assume the 120 day deadline is reliant on specific units and not the project as a whole. Any advice is appreciated. Thank You!...Read More
Original owner hired us. Sold the property and is refusing to pay. Realtor had us do work on the house for the original owner and the new owners on closing day. New owner is an attorney and threatening to make this extremely hard for us because we didnt get paid. Realtor knew we had not been paid at closing. No one provided that information to the new owners. I have filed a mechanics lien and perfected it. I am well within the 120 days. We last performed work on January 12 and I filed on Jan 31st. Who is responsible for paying us?...Read More