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
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
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
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
We have a supplier that has recently added a 5-7% shipping surcharge to all orders. We usually include those charges in the amount billed to our customer, and they agree to it up front. But if it comes down to a legal battle and a mechanics lien is filed, will the filing for surcharges hold up in court? Otherwise, it could potentially cost us thousands of unrecoverable dollars....Read More
If I purchase a home using hard money. My business loans me money for renovation costs. The intent for me to refinance with conventional funding on completion. Can my business file a lien on the property to assure reimbursement of the renovation loan at the time of refinancing?...Read More
I’m a homeowner. There was a leak in my home and I contacted a mitigation company to assess the situation. They inspected the house and provided me an estimate. I ran the estimate by my insurance company for approval before giving the mitigation team the go ahead. I communicated with the mitigation company multiple times per day the entire time the air movers, etc were in place and have communicated several times since about their estimate for the repair work. I decided I would choose a different contractor for the repair work and called the mitigation company to pay my bill. It has tripled in amount. They didn’t run any changes or additions by me or my insurance adjuster for approval despite having many opportunities to do so. The insurance adjuster also says the new invoice is well outside industry standards, includes work that wasn’t done and advises me not to pay it. I am trying to pay the original amount, but if they don’t let me is it possible they can file a mechanic’s lien? I’m in Utah and the language in our laws is a bit vague concerning mitigation work from water damage....Read More
I am a sub for some big companies. And this particular company hasn’t paid me for jobs perform. They claim that because when Job went bad they have been holding the money paid for other customers for a long time. I offered two months ago to go there and fix the job but they Heaven give me an answer for that. What should I do? The customers they paid for other jobs already paid the other contractors and they don’t pay me for the jobs. Can I tell them that I will put a mechanic lien on the clients house if they don’t pay me for the jobs performed? They have a policy of 15 days payment after the job is completed or two days after the customer pays however the customer one of the customers already paid and they don’t wanna pay me because they always come up with his excuse of this other job they already even offered my insurance to cover the expenses....Read More
I'm a subcontractor and our previous accountant skipped Pay Application #2, so the order went from #1-#3 and stayed in ascending order after #3. The GC is also the owner and now denying payment request due to the ordering error. Does this affect our ability to proceed with filing a lien?...Read More
We hired someone to place tiles in a bathroom remodel. He quoted us a price and a time of 3 to 4 days by himself or maybe 1 if he brought a helper. We paid half down, and 13 days after the project began, we told him we were not going to us him and longer and finished the project ourselves. He would say he would show up, then after calling him said he had other jobs requiring his attention, or the person he was sending over did not show up. This was a constant issue - that is just getting him to show up. He demanded 1700 more, and we told him we would pay for the time he was there. He then said another 1000 and he would leave, again more than the last half of the quote. His work was shoddy and sloppy and 9 days over due. We had to clean thin set out of the toilet flange, we had to regrout parts that he missed, we laid the last 10% of tiles our selves, and grouted the shower walls and floor. We did prep work and clean up everyday he was there working. We provided all supplies and even bought tools he was missing.
He is saying he is putting a lien against the house due to non payment. We tried to settle with him, but he kept demanding more money.
Also the person who hired him is not the home owner.
Any advice on this situation?...Read More
I am a homeowner and a guy, non-contractor, who was living in my home rent free. Just put a mechanics lien on my home with NO contract, no documentation, no invoices and no bills. Trying to extort $15K from me. ...Read More
There are 8 notices of liens filed on our two parcel number for work that we didn't contract and have none of it done. The notices should be filed on the property that the same GC is building now across the street.
How do we get these removed?...Read More
A supplier in Utah has placed a mechanics lien on my project in Idaho. The supplier was never contracted or contacted by our company (the General Contractor). A subcontractor ordered the material to be delivered to the job site and then never showed up, thus defaulted on their contract. Two questions:
1. What state's lien requirements take precedence -and-
2. The material was delivered to the site on July 1, 2021. It was the only delivery. The lien was filed on December 29, 2021. That is 182 days. In Idaho the limitations are 90 days...in Utah 90 days after Notice of Completion (does not exist since we never knew where the subcontractor ordered his materials from) or 180 days from work completion.
It appears that the claimant has fudged the dates on the claim stating that the one delivery was dropped between August 2, 2021 and September 21, 2021. I do not know how one delivery could span a 51 day period. I imagine the date(s) were adjusted at an attempt to move the "work" into the allowable timeframe to file a lien....Read More
A trucking company was subcontracted by a prime contractor whom I have a contract with to haul dirt from one property to another. The prime contractor has not made payment to the sub. Can the subcontractor file a lien on either property? ...Read More