I'm a subcontractor, I completed all the flatwork for a new construction home. I have done multiple projects for the General over the last 3 years without any problems. This project they took my invoice and modified it, claiming they don't pay for incidentals, or materials used on their projects other than the labor to complete the project. I use the same template for every invoice and list the same line items on every invoice, which they have paid every time until now. They actually paid a portion of this invoice immediately upon receipt, but They are attempting to reduce the final invoice from over $6K to just over $1K. In correspondence they admitted that the bank and their customer both approved my invoice payment, yet they are refusing to pay. The job is also 3 hours from me, so I have a substantial amount of time, fuel, per diem, travel costs, labor, and out of pocket materials tied up into this project. What do I need to do?...Read More
I am the owner who wishes to file the Notice of Completion.
The last paragraph calls for the form to be “verified,” meaning a sworn declaration by an authorized person as to the truthfulness and accuracy of the information supplied.
Who could be an authorized person? Could I be an authorized person as a co-owner?
Thank you so much!...Read More
We have a mechanics Lien filed on our property by a Landscaper who is not licensed in the City of Beverly Hills to operate. His last claimed work that was not paid was in December of 2022. Over 115 days ago. The lien was filed with the county on April 25th. Los Angeles County recorders office. The City of Beverly Hills requires a Landscaper to be licensed. I read if not licensed you are not qualified to file Mechancis Lien. How can I find out if he is qualified or not to file? It doesn't sound like he falls in the 90-day window first of all. Thx, John...Read More
Hello, I have a question on "completion". Is completion the soonest of the four provided definitions? Projects are considered completed when one of the following occurs; (1) occupation or use of the improvement, (2) acceptance by the public entity; (3) work stoppage for 100 straight days; or (4) when a notice of cessation or completion of labor has been recorded after 30 continuous days of no work.
I ask in the case of a public agency withholding until (2)acceptance by the public entity ( recording "Notice of Completion" for many public agencies). In many cases recording a NOC happens several months after actual field completion/cessation of work, so would the (4) definition then take precedence? What is a public agency takes a year to send a job to NOC/acceptance, it would seem this wouldn't then follow the spirit of the timely retention release laws. Thanks for your input! ...Read More
Bay Area GC kicked off public works job and needs to get paid (retention, unpaid scope work completed, and change orders). Is there an alternative to hiring an attorney to guide/submit claim? Or do we need an attorney for this process? Public works agency keeps telling us to 'file a govt claim'. What are our recovery options short of litigation? Money is tight. No sub bond claims made yet. No claims to surety made yet. Any guidance appreciated....Read More
We are a material supplier and have received a notice of completion. The customer is telling us that they have a bunch of change order work and that they are still on the project. Is it possible for me to re prelim the same project?
...Read More
We are dealing with a GC proposed lumpsum contract on single family home remodel and expansion. Of course as homeowners we have wish list, our GC keeps executing our Wishlist without confirming the cost and later send huge add services. Our Contract clearly says they cannot enforce change orders on us unless approved in writing. We are being threaten for litigation and liens.
Additional they did math error on calculating lumpsum amount and we are not being asked to pay more. We never received line item breakdown for each task, rather a milestone payment plan. We are having hard time defining what we owe them, we have requested a finite amount multiple times. All of these issue surfaced only towards the end of the project, ...Read More
I submitted a question on 7/2/18, and received a response from Matt Viator on 7/3/18 (both of which are copied below). My question has to do with the Notice of Termination. Our company never filed a Notice of Contract with the county recorder's office, so I understand that the subcontractor must file their lien within 60 days from the date our company filed a Notice of Termination. Our company issued a written Notice of Termination to the subcontractor on 5/17/18 but did not file a Notice of Termination with the county recorder's office until 7/2/18 (primarily because we did not know about the need to record such notices). I just want to make sure that the critical date for starting the 60-day lien filing period (for the subcontractor) is still 5/17/18. Please confirm, thank you.
Subcontractor lien rights in Louisiana - submitted 7/2/18
Deadlines
Right to Lien
State: Louisiana
Our company completed a private project in Louisiana as a general contractor on 6/26/18 (substantial completion). Our company hired a subcontractor to perform a specific scope of work as part of this project. We later had to terminate the services of the subcontractor due to multiple performance and schedule issues. The subcontractor abandoned the jobsite on 5/11/18, then we filed a Notice of Default with the subcontractor on 5/15/18, and finally filed a Notice of Termination with the subcontractor on 5/17/18. Our company then had to complete the specific scope of work of this subcontractor, and complete the overall project.
My questions: 1. What lien rights does this subcontractor have against the owner property, and 2. What are the deadlines for the subcontractor to file a lien?
Our company has filed a Notice of Completion with the local parish clerks office for the overall project based on completion date of 6/26/18 and a Notice of Termination with the local parish clerks office against the subcontractor in question for their specific scope of work based on termination date of 5/17/18.
Answered 7/3/18
Matt Viator
Legal Associate zlien
Under § 4802 of the Louisiana Revised Statutes, subcontractors are entitled to a mechanics lien "for the price of their work." Of course, when that workmanship is in dispute, there may be question as to whether they're still entitled to file a lien for their work performed. A subcontractor might be able to actually file a lien based on the price of their work. However, if that lien were challenged or if it came down to a lien enforcement action, a party who had to perform remedial work to cure issues caused by their sub might be able to argue that nothing is owed. If the subcontractor did not, in fact, add value to the work of improvement, it might be a valid basis for challenging the filed lien. Regarding deadlines - Louisiana's lien filing deadline can be tricky. If a Notice of Contract was filed, subcontractors must file their lien within 30 days of the filing of a Notice of Termination. If a Notice of Contract was not filed, a subcontractor must file their lien within 60 days of the filing of a Notice of Termination. In the instance where a Notice of Termination was not filed, that timeframe will instead run from the substantial completion of the work....Read More
Please answer ASAP, I am losing time to initiate a Stop Notice. I need to know if the 30 days cover the completion of the whole project or just my portion of the project?...Read More
I am the subcontractor and was informed by a Levelset representative to file a Stop Notice to initiate a Lien on a project. The representative stated that a Notice of Completion must be filed as well. I did not record the Notice of Completion within 30 days, was informed about the 90 days from actual completion and do not know if the 90 days entitles the whole project or just the portion I worked on....Read More
We received a notice of acceptance (aka completion) on a job and we are still unpaid. We have 30 days to file a stop payment notice however, I'm unsure if we can do that as a preliminary notice was not filed. The notice references CA civil code section 9356...Read More
1. Do not release any utilities in the contractors name until payment in full
2. Do not release any Elevation Certificates or Affidavits
3. File a lien for the full amount of the contract before work began.
4. Complete a Certificate of Substantial Completion after all your work is 100% complete.
5. File a Force Foreclosure lawsuit....Read More
We have a project that is getting near its ending with many issues. Trying to get of COO but too many issues at the end to simply ignore and want guidance on finessing this....Read More