billing

[480sparky]

You are not required to file a lein. Where did you get that Idea. .............

No, but I am required to notify the property owner of my intent to file a lein.

 

[Sierrasparky]

No, but I am required to notify the property owner of my intent to file a lein.

Yea and you must do that within a certain time limit also. But it is not a requirement unless you intend to actually file a lein.
In my state in order to keep a lein going you must
1) file a suit in superior court. that gonna cost you a couple grand.
or
2) Grant an record an extension of credit.

If you fail at either you loose your rights to lein.

small job under 2000.00 yea I'll lein the guy. NOT!

Do you think all HO are stupid and not privy the rules. It takes a few minutes with the internet.

 

[480sparky]

Yea and you must do that within a certain time limit also. But it is not a requirement unless you intend to actually file a lein. .........

Laws vary from state to state. Here, we have a 90-day time limit, but you can perfect a lien after that. Not impossible, just not as easy.

 

[Sierrasparky]

Laws vary from state to state. Here, we have a 90-day time limit, but you can perfect a lien after that. Not impossible, just not as easy.

What state are you in. Are you really sure that after you file a lein and 90 days go by you can still file. can you do so in a small claims or do you go to a regular court?

 

[e57]

Do you think all HO are stupid and not privy the rules.

Yes - they are stupid - most of them have no clue what a lien is - and in the past I have had to explain it a depth - which immediately freaks them out. Wait - we could also apply the same to many GC's and sub's too....

Back to getting paid though - I suggest printing your terms in your contract, and vigilantly collecting on them... I too would not do any work unless someone said they were paying me and it would be the first question - since I'll need to explain the work to someone, and at some point before I start explain rates and payment terms to them.

 

[satcom]

It's a pickle because these guys will pay they are just making you be the bank. It's a pickle as with me as If I choose not to wait then it will be the last job with that guy.
So you either take a 30-60 day billing or don't work.

30 to 60 days for a payment of material to a supplier you have a credit line with is one thing but holding back a sub's payment which in most cases is direct labor, is just gaming the sub, in areas where subs will not play these games, the GC,s have to pay the monies due and usually at the end of the work day.

 

[Mr. Wizard]

I do quite a bit of work from the woman I'm buying my house from (she buys around 20 to 30 homes a month), and she religously pays every Wednesday. Other people I do jobs for, I like to get paid before I leave.

 

[Mr. Wizard]

Yes - they are stupid - most of them have no clue what a lien is - and in the past I have had to explain it a depth - which immediately freaks them out. Wait - we could also apply the same to many GC's and sub's too....

I have had to flex my "lein" muscle before. It's amazing how quick someone with no money can come up cash so fast.

 

[satcom]

I have had to flex my "lein" muscle before. It's amazing how quick someone with no money can come up cash so fast.

The people that do pay just don't pay, a lein is a joke, they let the leins pile up and usually have little in the way of assets in the property, they just use the property for income, the little guy holding on to his home is afraid of a lien and they usually pay. but GC,s and Investors will clean your clock.

 

[480sparky]

What state are you in. Are you really sure that after you file a lein and 90 days go by you can still file. can you do so in a small claims or do you go to a regular court?

Two years, 90 days.

 

[Sierrasparky]

Two years, 90 days.

Wow that is great and I bet works. It really sucks to be in CA. To perfect a lein you must file a lawsuit. For small amounts lets say under 25,000 dollars it does not pay. I once and only once filed a lein for about 15k. I spent almost 15k to collect my 15k. Granted the guy paid most of my legal fees and my original amount. I still got the 10 grand I was willing to settle for in the beggining,.

 

[220/221]

I would first ask if I was to bill the homeowner directly.

My relationship with the GC would depend on how long it took to get paid. Good clients pay in a timely manner. A week or two is cool.

Bad or new clients pay upfront.

 

[Sierrasparky]

I would first ask if I was to bill the homeowner directly.

My relationship with the GC would depend on how long it took to get paid. Good clients pay in a timely manner. A week or two is cool.

Bad or new clients pay upfront.

UP front money in California! are you kidding. Jobs under 750.00 that you perform the same day you go out to look at the job are considered "service and Repair" . By Law no up front money. No money to order a part nothing.
If the job is over 750.00 technically you need to wait 3 days customer right to recind. Deposit is 10% of the contract max 1,000.00. You cannot EVER let payments get ahead of Labor or materials. That is the Law. Say you are a window company you cannot take more than 1,000.00 deposit- even for a 40.000.00 window change out.
That is the rediculous Law.
But you can have a Canibus farm.... Go figure.

 

[bradleyelectric]

UP front money in California! are you kidding. Jobs under 750.00 that you perform the same day you go out to look at the job are considered "service and Repair" . By Law no up front money. No money to order a part nothing.
If the job is over 750.00 technically you need to wait 3 days customer right to recind. Deposit is 10% of the contract max 1,000.00. You cannot EVER let payments get ahead of Labor or materials. That is the Law. Say you are a window company you cannot take more than 1,000.00 deposit- even for a 40.000.00 window change out.
That is the rediculous Law.
But you can have a Canibus farm.... Go figure.

And some think we need more government regulation. They don't understand government regulation is what makes the price go up.

 

[480sparky]

Wow that is great and I bet works. It really sucks to be in CA. To perfect a lein you must file a lawsuit. For small amounts lets say under 25,000 dollars it does not pay. I once and only once filed a lein for about 15k. I spent almost 15k to collect my 15k. Granted the guy paid most of my legal fees and my original amount. I still got the 10 grand I was willing to settle for in the beggining,.

Cikey. I've filed liens for $400. Of course, the expenses of doing so get added to that.

 

[e57]

UP front money in California! are you kidding. Jobs under 750.00 that you perform the same day you go out to look at the job are considered "service and Repair" . By Law no up front money. No money to order a part nothing.
If the job is over 750.00 technically you need to wait 3 days customer right to recind. Deposit is 10% of the contract max 1,000.00. You cannot EVER let payments get ahead of Labor or materials. That is the Law. Say you are a window company you cannot take more than 1,000.00 deposit~~~

I'll say this - you may be one of the very few following these laws..... And many HO's are happy to pony up...

 

[Sierrasparky]

I'll say this - you may be one of the very few following these laws..... And many HO's are happy to pony up...

Maybe so, Have you been aware of the stupid rules?
The problem is it only takes one complaint from a customer to cause the house of cards to fall if you don't follow them.

 

[480sparky]

UP front money in California! are you kidding. Jobs under 750.00 that you perform the same day you go out to look at the job are considered "service and Repair" . By Law no up front money. No money to order a part nothing.
If the job is over 750.00 technically you need to wait 3 days customer right to recind. Deposit is 10% of the contract max 1,000.00. You cannot EVER let payments get ahead of Labor or materials. That is the Law. Say you are a window company you cannot take more than 1,000.00 deposit- even for a 40.000.00 window change out.
That is the rediculous Law.
But you can have a Canibus farm.... Go figure.

So you get a service call and go out to fix something. You fix it, and leave an invoice for $749. Two and a half days later, the HO can decide 'to recind' your work and not pay?

 

[Sierrasparky]

So you get a service call and go out to fix something. You fix it, and leave an invoice for $749. Two and a half days later, the HO can decide 'to recind' your work and not pay?

no ... That is why this state enacted the " service and repair order" Jobs for 750 and under.
Look at this lovely portion

1. You receive a copy of this contract signed and dated by you and
the contractor; and
2. The contractor starts work.
(B) However, even if the work has begun you, the buyer, may still
cancel the contract for any of the reasons specified in items 1
through 4 of this paragraph. If any of these reasons occur, you may
cancel the contract within three business days of signing the
contract for normal service and repairs, or within seven business
days of signing a contract to repair or correct conditions resulting
from any sudden or catastrophic event for which a state of emergency
has been declared by the President of the United States or the
Governor, or for which a local emergency has been declared by the
executive officer or governing body of any city, county, or city and
county:
1. You may cancel the contract if the price, including all labor
and materials, is more than seven hundred fifty dollars ($750).
2. You may cancel the contract if you did not initiate the contact
with the contractor to request the work.
3. You may cancel the contract if the contractor sold you goods or
services beyond those reasonably necessary to take care of the
particular problem that caused you to contact the contractor.
4. You may cancel the contract if the payment was due or the
contractor accepted any money before the work was complete.
(C) If any of these reasons for canceling occurred, you may cancel
the contract as specified under paragraph (B) above by e-mailing,
mailing, faxing, or delivering a written notice to the contractor at
the contractor's place of business within three business days or, if
applicable, seven business days of the date you received a signed and
dated copy of this contract. Include your name, your address, and
the date you received a signed copy of the contract and this notice.

and

"Yes" if you used the old standard contract rules the customer kind of had the right to recind by Law. These are statutory requirements.

However if the job will be over 750.00 you need to wait 3 days for the customer to think about it by Law.

The neat thing that the State added to the "Service and repair" is a Clause that allows the contractor to take back the equipment if the customer decides later he does not want to pay.
take a look.
" If you cancel, the contractor must return to you anything you paid
within 10 days of receiving the notice of cancellation. For your
part, you must make available to the contractor at your residence, in
substantially as good condition as you received it, any goods
delivered to you under this contract. Or, you may, if you wish,
comply with the contractor's instructions on how to return the goods
at the contractor's expense and risk. If you make the goods available
to the contractor and the contractor does not pick them up within 20
days of the date of your notice of cancellation, you may keep them
without any further obligation. If you fail to make the goods
available to the contractor, or if you agree to return the goods to
the contractor and fail to do so, then you remain liable for
performance of all obligations under the contract."

 

[Power Tech]

UP front money in California! are you kidding. Jobs under 750.00 that you perform the same day you go out to look at the job are considered "service and Repair" . By Law no up front money. No money to order a part nothing.
If the job is over 750.00 technically you need to wait 3 days customer right to recind. Deposit is 10% of the contract max 1,000.00. You cannot EVER let payments get ahead of Labor or materials. That is the Law. Say you are a window company you cannot take more than 1,000.00 deposit- even for a 40.000.00 window change out.
That is the rediculous Law.
But you can have a Canibus farm.... Go figure.

I am wondering, in CA is it legal to take a refundable deposit?