A contractor we hired for paver hardscape installation
They stated pavers, materials and installation would be done that day but left a mountain of sand in the street and after calling them to ask why pavers had not arrived with workers as promised they said it will take at least another week for the pavers. We cancelled the job and they threatened us with mechanics lien unless we paid 450.00 for the sand. They refused to justify that much for sand and threatened legal action and it was non negotiable. We filed a complaint with ROC but they dismissed the claim saying it was a financial dispute. We don't want to pay because it is such an overcharge; and are willing to pay half that since we had to dispose of the sand ourselves; HOA requiring material on street to be removed after 72 hours. Not sure what to do at this point...Read More
This is going to be an Accord and Satisfaction question but let me give some background. I am a small residential concrete finishing business in Ohio. The customer requested a quote to put a concrete skirting/patio around their new in-ground pool after the customer had backfilled the existing excavated trench around the pool with gravel. The quote for the patio was $5,600. The customer then verbally asked for a price for the gravel backfill which we verbally agreed to a combined price of $6,500 for the concrete work and for 20 tons of gravel backfill with additional reasonable cost if it needed more than 20 tons. It required 28 tons of gravel so the final invoice was $7,300. It does not appear that there is a big issue with the final gross amount of $7,300. The customer was very hands-on with comments and demands throughout the project work. The critical item was that he filled the pool with water before we arrived and wanted us to put plastic (i.e. visqueen) over the entire pool and down between the future concrete edge and the side of the pool in order to prevent splatter from getting in the pool water. I told him that the plastic would prevent a good concrete finished edge up against the pool side and that he would need to cut the plastic away after the concrete dried which may leave some plastic showing. He said "do the best that you can" but insisted on his process. I told him that the normal practice is to do the work without water in the pool and have a solid edge between the poolside and the concrete in order to get a good finished edge. His dispute is with the quality of the finished edge but I am not asking for advice on resolving that issue. My question is with Accord and Satisfaction. My final invoice (invoice #1722 dated 10/4/22 for work that was completed on 9/23/22) for $7,300 is itemized as $5,600 for the concrete work and $1,700 for the backfill but it is all on one invoice (i.e. not separate invoices for the backfill and concrete work). I have had several discussions with the customer regarding the quality dispute and he refuses to let me on the property to assess and remediate. There is no dispute on the quality of the gravel backfill portion of the job. I finally offered a $500 goodwill credit to resolve the issue if he pays $6,800 which is did not accept. He verbally offered $5,900 as payment in full which I declined. He then sent me a letter in the general format of an invoice and labelled it "corrected invoice #1722". His corrected invoice is organized in two parts ($2,108 for the gravel and backfill and a $5,000 gross amount for the concrete). I have no idea how he came up with $5,000 as the gross amount for the concrete work when my invoice (and initial written estimate) shows $5,600. I also do not know how he comes up with $2,108 for the backfill when my invoice shows $1,700. In short, his gross amount of $5,000 + $2,108 = $7,108 as compared to my invoice of $7,300. I would have been fine with this difference but he then deducts $839.15 from the $5,000 to arrive at an amount of $4,160.85 for the concrete work. He issued two checks (one for $2,108 for the backfill and one for $4,160.85 for the concrete). The check memos say "concrete" on the $4,160.85 check and "backfill" on the $2,108 check. The checks do not say "paid in full" but his letter/corrected invoice, as well our discussion, leads me to reasonably assume that he intends the payments to be considered "payment in full". My understanding of Ohio Revised Code 1303.40 is that if I cash the checks, it will be considered payment in full under Accord and Satisfaction doctrine. My questions are 1) I assume that I should not cash the concrete check as it will likely be interpreted as payment in full. 2) Can I cash the backfill check which exceeds the backfill portion of the invoice and preserve my rights to collect the full amount on the concrete work? 3) If so, should I refund the overpayment of $408 on the backfill or just treat it as a deposit or partial payment on his account? 4) If I treat the $408 as a deposit, should notify him and, in that notification, should I state that I reject his concrete adjustments and request that he acknowledge that I am cashing the $4,160.85 check as partial payment of the concrete portion of the invoice. 5) If I proceed as stated in #3, and the customer accepts, can I cash the $4,160.85 check. 6) Do you have any other advice. Hopefully this has been entertaining to read and potentially be an example for your future blogs or customers. Please send response to denniswiser86@yahoo.com...Read More
We recently filed a mechanics lien against a client. Unfortunately he sold his land in August. Today a legal company has called to talk to an officer of our company. The owner asked that I reach out to see if we should call back . We dont know if the company is working for the client or what their intentions are....Read More
I was hired by John Gehm from RG NATIONAL LLC base on Missouri, I was hired to work in some universities in Tallahassee Fl, Gainesville Fl, Miami Florida, Minneapolis, Chicago and Pittsburgh. After the jobs were done, he sent me a lien waiver to fill out and have it notarized and sent back. the lien waiver says that that paperwork needs to be sent out in other to get paid in the following week it's been more than 3 weeks and he is not answering my calls now he said he will sue me for lien fraud if I try to do something against the properties. he does have a few lien waivers but not all of them i was wondering if i can do something with the liens that he actually has like voiding them or something or go after him since he told me straight up that he wasn't paying me. I have timesheets, lien waivers, text, emails, check stubs, copy of checks that were cashed out of my account invoices etc. Please I need help with this situation. MY PHONE NUMBER IS 720-487-2590 if someone can give me a call i will higly appreciate it. seems like there's more people struggling with this guy as well help me to help please....Read More
I have a customer who is doing a job for the government (IRS). I've already filed a lien on the control portion of it and now there is some parts that weren't paid for up front. Can I add the parts on to the lien filed for the controls or do I have to do a separate for the parts? I want to make sure that I have everything in line for the lien since its a government job....Read More
Is anyway to place a lien with joint ventures agreement? My rol was to introduce an llc to a contractor to build a house and from a to c I’m in charge of logistic permitting communication and all the intermediation with the contractor. I thought joint venture agreement have binding effect at closing but late I knew this can’t work at closing to split proceed because the only owner on the deed is the other party lisbethjfeldman@gmail.com...Read More
Can a moving company file a lien for the packing and delivering of a customers household goods? The client has refused to pay dispite having signed an agreement. ...Read More
Hi,
My company recently did some metal work for a new hotel that was being constructed. I placed a mechanics lien on the hotel back in May/June of this year to ensure that my company would be paid for our work, given that the owners were acting very erratic with the money.
I found out today that the hotel recently opened for business last Thursday (9/10). Should my lien have been satisfied first prior to the hotel opening for business?
Thank you,
Rickin ...Read More
I sent an invoice for services that were rendered already and it has not been paid after 30 days. I will try and contact the owner one more time, if it does not work I would like to file a lien. ...Read More
The work related to the lien I am filing was done in Multiple Units throughout a Condo building...but technically the company I was doing the work for was working for the Home Owners Association, not the individual units.
The HOA is providing Internet and TV to all the units in the building, and my work was related to installing the equipment required for the HOA to provide those services to individual Units in the building. (Its a bulk TV and Internet service, so all units will get the service, however I only installed the equipment in certain Units)
What do you recommend? ...Read More