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Thread: Liens and legal issues

  1. #41
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    Quote Originally Posted by Megawatt* View Post
    He was doing a major remodel & addition, and needed an Electrician.
    He was in the process of looking for a Framing Crew, so we just went in & demo'd all of the old wiring. Pulled the permit, Relocated the Panel, and got temp power ready for Construction.
    He apologized over & over, said He didn't know how to tell me, and that to get a Contractor to do the framing, he had to let him bring in all of his people to do the entire project.

    I would be checking to see if these guys ever got the correct building permit to do the remodeling/addition ( with an electrician of record).

    I hate to say this but once power is on a lot of these guys think they are in the clear. They don't get the Temp in Temp power.
    The 95% of people that you can't trust give the other 5% a bad name.

  2. #42
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    Quote Originally Posted by petersonra View Post
    Verbal contracts are just as enforceable as written ones in most cases.
    I agree. But a written record of those points agreed verbally and signed by both parties would be more difficult to refute in the case of a dispute.
    Si hoc legere scis nimium eruditionis habes.

  3. #43
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    Quote Originally Posted by Megawatt* View Post
    I am in the middle of a very similar situation Myself. We were recommended to this Client, by a Realtor we both knew. He was doing a major remodel & addition, and needed an Electrician.
    He was in the process of looking for a Framing Crew, so we just went in & demo'd all of the old wiring. Pulled the Permit, Relocated the Panel, and got temp power ready for Construction. We only had some shop/truck supplies involved & a couple of days labor... so I told him I'd add it to the Rough In draw, and asked him to let me know when He thought they were about a week away from needing Us back.
    We were covered up with work at the time, so I really didn't give it much thought, but after some time I did realize it had been quite a while & I hadn't heard anything. So I call Him up, and looking back, He did act a little "off" but it wasn't clear why. He even told me they "should be ready for Us in a week or so." After another week or so, I was working nearby, so I dropped by the job site. Found the drywall was just being finished. When I called Him, He apologized over & over, said He didn't know how to tell me, and that to get a Contractor to do the framing, he had to let him bring in all of his people to do the entire project. Told him it was weird, but just business to Me. I'd be sending Him an Invoice for everything we had invested & done to date. No Problem was His reply. (From that point on, I communicated with him via text only.) After many promises to pay, more apologies etc. I finally figured that this was not going to break my way without some legal actions. So after a quick call to my Attorney, I now have a Lien applied & recorded on this Property, as well as an upcoming Small Claims court date ! This house is on the Market for $699,900 Since He was served his copies of the Lien & Court date, I haven't heard anything. It was an Ordeal, but I'm kinda glad I now know everything that's involved. I will post the outcome, after it's resolved.
    I don't know if other states have similar requirements, but here in NJ before you lien a residential property you must first file a notice of intent to lien. If you don't do that and proceed with the lien, the gods of the legal system will chain you to a rock to let eagles rip out your liver, whereupon it will grow back overnight to be ripped out again the following day.

  4. #44
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    Quote Originally Posted by gadfly56 View Post
    I don't know if other states have similar requirements, but here in NJ before you lien a residential property you must first file a notice of intent to lien. If you don't do that and proceed with the lien, the gods of the legal system will chain you to a rock to let eagles rip out your liver, whereupon it will grow back overnight to be ripped out again the following day.
    I just can't get over how all these laws are designed to protect the slime balls and very few are designed to protect us tradesmen from these predators.

  5. #45
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    Quote Originally Posted by goldstar View Post
    I just can't get over how all these laws are designed to protect the slime balls and very few are designed to protect us tradesmen from these predators.
    The general public has convinced the lawmakers that the tradesmen are the slime balls. Sure some of them are, but there probably is many more in the general public.
    I live for today, I'm just a day behind.

  6. #46
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    Quote Originally Posted by goldstar View Post
    I just can't get over how all these laws are designed to protect the slime balls and very few are designed to protect us tradesmen from these predators.
    Quote Originally Posted by kwired View Post
    The general public has convinced the lawmakers that the tradesmen are the slime balls. Sure some of them are, but there probably is many more in the general public.
    I think the lien laws are designed to protect the property owners.

    If it was to easy to file a lien on a property there would be all sorts of liens filed for little or no reason. I think this has happened in the past with liens filed that owners were not even aware of.

    Like most laws the slime balls learn to use them to their advantage.

    It's really hard to protect yourself from crooks that know the system.
    The 95% of people that you can't trust give the other 5% a bad name.

  7. #47
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    Lien

    I did follow Our State's regulations, and notified ( by Registered Mail ) my " Intent to Lien " before doing anything. It was only after that, that I understood, this was not going to be an easy task.
    That's when I sought legal advice, and went nuclear. My Attorney suggested the Lien as the first course of action, but to also start a Small Claims action against the GC. After winning that, He said He could get involved & pretty much do what ever was necessary to collect the debt. Up to forcing a sale of the Property.

  8. #48
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    Been maybe around 15 years ago, the only time I ever filed a lien on a property. I did some work and never got paid for it for a dairy farm. I had heard that the owner was likely going to file bankruptcy, and went to the county clerk and filed the lien - don't recall having to jump through hardly any hoops to do so.

    Eventually I received documents from the bankruptcy court since I was a creditor. Had I not filed the lien I probably get completely left out - but I never got a dime anyway. Since I was a creditor in the case I got all the information on the case. Basically the attorneys and the banks got whatever assets were available and everyone else was out of luck - was notified my lien was cancelled.
    I live for today, I'm just a day behind.

  9. #49
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    Quote Originally Posted by growler View Post
    I think the lien laws are designed to protect the property owners.

    If it was to easy to file a lien on a property there would be all sorts of liens filed for little or no reason. I think this has happened in the past with liens filed that owners were not even aware of.

    Like most laws the slime balls learn to use them to their advantage.

    It's really hard to protect yourself from crooks that know the system.
    Thanks for those words of wisdom . Let's hope that's not the case. If I could show you the documentation I have for this project, including a complete transcript of text messages that I have between myself and the GC you would easily conclude that this person was out to cheat me from the beginning.

    Until today my last communication from him was on 3/22/18 (no text - no phone call). Low and behold he sent me a text today indicating that he was sorry for the long delay, he got his attorney's involved with the owners and believes he now has their attention. In addition he assured me that he has not "skipped town" and he intends to pay me what he owes me.

    I called my attorney and asked whether I should respond. He said text him back and tell him to send a certified check immediately, which I did.

    The saga continues.............

  10. #50
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    Quote Originally Posted by goldstar View Post
    Thanks for those words of wisdom . Let's hope that's not the case. If I could show you the documentation I have for this project, including a complete transcript of text messages that I have between myself and the GC you would easily conclude that this person was out to cheat me from the beginning.

    Until today my last communication from him was on 3/22/18 (no text - no phone call). Low and behold he sent me a text today indicating that he was sorry for the long delay, he got his attorney's involved with the owners and believes he now has their attention. In addition he assured me that he has not "skipped town" and he intends to pay me what he owes me.

    I called my attorney and asked whether I should respond. He said text him back and tell him to send a certified check immediately, which I did.

    The saga continues.............
    And I "intend" to win the PowerBall lottery. Let's see which happens first...

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