I have several contracts that were entered prior to January 1, 2022. I recently invoiced materials that have yet to be paid for these contracts. Am I required to send a Second Month Notice for these projects since the original contract was entered in before 01.01.2022? We have been told that we have to send Second Month notices on any original contract entered prior to 01.01.2022 but today a Levelset rep stated that no we do not have to send second month notices and we feel as though we are going in circles and keep getting contradictory information. We want to know for whom do we have to send second month notices to (bonded/non-bonded/contract entered date etc.) We provide pipe, valves and fabricated materials for underground water and waste treatment plants. ...Read More
We have been working on collecting the balances for several invoices since we completed the project. Once the general contractor stopped answering our calls we reached out directly to the customer. They informed us that they would escalate our issue up the chain but we haven't received any response from them. The general contractor has filed for Chapter 7....can we continue to put pressure on the customer in which our work allows them to function?...Read More
I have a project from a customer that is located in the American Soma (US Territory), and the amount is big.
I need to know if I can do a prelim notice. ...Read More
Hello,
Our company, ACE Capital Engineering, has been subcontracted by a General Contractor in Texas to provide utility engineering plans for underground and arial telecommunications. The GC was hired by a large telecommunications company in Texas, and they (the GC) hired us for the utility engineering planning. After months of work and timely submittals of plans by our drafters, the customer and GC have experienced relationship issues which has led to the customer not paying the GC. Meanwhile, our company has preformed our responsibilities on time and submitted the plans to the GC and Customer, which are already being used for actual construction at this point. However, due to their conflict, the GC claims that it has not been paid by the customer for the work we have completed, therefore we have not been paid either for a total of +$250,000 of engineering drafting that has been completed. We are looking for guidance on how to submit an mechanics lien, or any other mechanism to help us get paid. Could you please let me know what we can do, if anything, in order to come to a resolution? Thank you...Read More
I'm a contractor that did work on a home. We finished the work on the job 10 months ago but there is still an outstanding balance and haven't gotten paid. My customer isn't doing anything to pay, all she says is that she will and doesn't pay it off. What should I do because we never sent a Preliminary Notice out to the customer nor have we sent out monthly notices. Can we file a claim of Lien? ...Read More
Hi!
It is time to file a lien and the notices were sent to the previous owner and not the current. Can the lien still be filed with the current owner's information? ...Read More
Monthly "Forms" as a Sub-Contractor hired under contract by the Primary GC after Jan 2022. I should be Sending 1. Initital Notice of Contractual Retainage or is it now Reserved Funds letter which I send prior to issuing our first draw once project begins? (Re: the 10% retaiange withheld from pay applications monthly. 2. Lien Waivers - Send Conditional with pay application monthly, and send Unconditional Waivers once funds are received and processed. 3. NEW - NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS is this form only sent IF payments are not received and should be sent on the 3rd month after non-paymnet, Is that correct? Or are they being sent with the Pay Applications in leau of Waivers?...Read More
General Question. We are an equipment supplier and we only rent/lease/sale equipment to our customers (subcontractor). Our business structure is to bill on a monthly basis. When equipment is rented we receive a contract with a job address that the equipment is on at that time. However, the equipment could potentially move to different job locations throughout the month. How do we send out monthly notices and potentially file a lien with our business structure?...Read More
HI I WORKED FOR HOME WARRANTY COMPANY IN THE STATE OF TEXAS FOR OVER EIGHT YEARS, LAST YEAR THEY CLOSED MY ACCOUNT AND HELD MY CHECKS FOR SIX MONTHS, AFTER SIX MONTHS PASSED THE INFORMED ME THAT THEY WILL HOLD THE CHECKS FOR ANOTHER 12 TO FOURTEEN WEEKS, NOW I'M TRYING TO GET BACK WITH WARRANTY COMPANY BUT THEY KEEP TELLING ME JUST WAIT. I AM WANDERING IF I CAN I STILL FILE MECHANIC LIEN ON PROPERTIES WHICH OWNS MY MONEY AFTER ONE YEAR PASSED? THANK YOU...Read More
RE: TX Monthly Notices and Lien If a Company contracted with the Tenant of the property - is the Company considered to be a Sub Contractor, as they didn't contract directly with the Property Owner? Or are they considered the general contractor? Specifically in regards to the monthly notice requirement, if the Company is the general contractor with the Tenant, monthly notices are NOT required to be sent to either the Tenant or Property Owner? Follow-up - for the Notice of Intent to Lien and Mechanics Lien this should list the property owner as both the Tenant and Property Owner? Or is there a different place to list separately? And is the Company considered the general contractor?...Read More
We are a supplier on a commercial project in TX. We created a custom ceiling for the developer/owner. Typically we ship FOB factory, with title passing at time of shipment. Occasionally, when customers are not ready to receive the goods, they will have us store them temporarily. In this case, the customer asked us to store the completed goods. We consider that title passed when we put the goods into storage, so we issued the invoice. Does TX agree with that? Can we send the preliminary notice though we still have physical possession of the specially-made goods?...Read More
I worked on a project for 8 months, it was the in-laws home that needed some repairs in order to be put on the market to sale after their passing. I worked with my soon to be ex-husband on the project. It was a verbal agreement that if i helped him getting this house ready To be sold- when it did sell- he would give me $10,000. The house sold Nov.1,2022. I have not heard a peep from him in regards to me being paid. A few months back he made a statement that he was giving me anything, that i owed him for other things that he started to rattle off. These things he stated had nothing to do with this house and besides....i dont feel that i owe him anything to be honest. With that being said- this verbal was for the job not by monthly payments as the examples show. What do i nees to do here to get my money? He also had me charge stuff on my home depot account with assurance of being paid. 1300.00 be be exact. Not one penny haw been applied to that....Read More
My sister bought a house from a builder that was new construction, the sale happened in 2019 and a general warranty deed was prepared. Now she's trying to sell the property, and an M&M lien has popped up that was placed on there in 2020 from someone the builder hadn't paid. Help! ...Read More
We are a concrete pumping company that finished a large commercial job in May and have not been paid. This was a job that was ongoing since 2/2022 at the same address. I only became aware of preliminary notices being a requirement and unfortunately only one invoice out of seven falls in the legal timeframe. My partners would like me to file a lien anyway. I am wondering if it is worth sending this one prelim out with the amount of the May invoice listed and also list the total of what is due and proceed to file a Mechanics Lien. An Intent to Lien has been sent along with monthly statements.
...Read More
The customer is refusing to pay us, based on a mistake one of our drivers made on his yard our insurance is willing to settle with them on that problem it has nothing to do with these invoices that are past due. What actions can we take?...Read More