Scott G Wolfe JR’s Answers

Scott G Wolfe JR

New Orleans Construction / Development Lawyer.

Contributor Level 12
  1. I am a licensed plumber. A client signed a contract and we completed a repipe at his home. He is refusing to pay the $6800.00.

    Answered over 1 year ago.

    1. Scott G Wolfe JR
    2. Edward Zaryl Kotkin
    3. Shawn Michael Haggerty
    4. L. Maxwell Taylor
    5. Robin Lee Diem
    6. ···
    6 lawyer answers

    In my opinion, the best (and most inexpensive) first step is to <a href="http://www.zlien.com/file-a-lien/order-online">file a mechanics lien.</a> A mechanics lien has a ton of benefits that can push this customer to pay your bill, and so I can't exhaustively list them here. I previously wrote an article on my blog that lists out some of the more popular effects: <a href="http://www.zlien.com/blog/17-ways-a-mechanics-lien-works-to-get-you-paid/">17 Ways A Mechanics Lien Works To Get You...

    10 lawyers agreed with this answer

  2. What does it mean for a contractor to "perfect" a mechanics lien? How do I know if a lawsuit was filed? (In California).

    Answered over 1 year ago.

    1. Scott G Wolfe JR
    2. George William Wolff
    3. Cathleen M Curl
    4. Randall Scott Jackson
    4 lawyer answers

    This lien is stale and invalid. A lien is only good in California for a period of 90 days...so, 90 days after it was filed, it was invalid unless actions were taken to enforce and foreclose on it. If these actions were taken, you would know it by now. The lien needs to be removed. Here is a great article we wrote about removing a mechanics lien in California, as well as some resources from the Sacramento Public Library to do so: <a href="http://www.zlien.com/blog/remove-frivolous-...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What options do I have as a general contractor when I wasn't paid and when I was prevented from completing the work?

    Answered 9 months ago.

    1. Cathleen M Curl
    2. Scott G Wolfe JR
    3. Rogelio O. Vega
    4. Tony Morgan May
    5. Timothy John Broussard
    5 lawyer answers

    The best and most inexpensive way of getting their attention, and likely prompting payment, is to file a mechanics lien claim. Since you did the work specifically for the homeowner, you likely never had to serve the 20 day preliminary notice. This would only be required if there was a lender giving the owner money to do your work. Further, you mention that you served the 20 day notice after the customer refused the change order, but in fact, this is something you should have done right at...

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  4. Do you need a Preliminary notice for a Project located on a Military Installation, We are a Subcontractor to a Prime Contractor.

    Answered over 1 year ago.

    1. Scott G Wolfe JR
    2. Wahid Ezzat Guirguis
    3. Douglas Patrick Flaherty
    4. Mark Allison Cobb
    4 lawyer answers

    No. These are federal projects under the Miller Act, which does not have a preliminary notice requirement.

    7 lawyers agreed with this answer

  5. Can a general contractor put a lien on my business, or take any other legal action if I am refusing to pay him for work not done

    Answered about 2 years ago.

    1. Scott G Wolfe JR
    2. Christopher P. Corbitt
    2 lawyer answers

    There may be more to your question than meets the eye, and perhaps to give you the best answer, more information will be required. Let me start with the basics: If a contractor furnishings materials or labor to a construction improvement project, they can file a mechanics lien for the value of their materials or labor. So, if the contractor didn't furnish certain labor or materials - as you suggest - he will be without the legal right to claim a mechanics lien for those items. Now, that...

    6 lawyers agreed with this answer

  6. Should I lien a client's home that I completed design work for/ do I sue them in small claims?How long does the lien in CA last?

    Answered 10 months ago.

    1. Scott G Wolfe JR
    2. Cathleen M Curl
    3. Sagar P. Parikh
    3 lawyer answers

    First, this is a very savvy question, so kudos on going through these considerations before firing off any action. Second, the answer is unfortunately complicated, and there's no way to give you an answer that is 100% going to work or be correct. With that said.... I always recommend filing the mechanics lien. Mechanics lien claims are relatively simple and inexpensive to proceed with. While small claims court is also inexpensive, it is more time consuming and allows the opposing party...

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  7. What else can we do to get paid on a job if we don't want to foreclose on a mechanics lien since the attorneys fees will be more

    Answered over 1 year ago.

    1. Scott G Wolfe JR
    2. Antoinette Cara Liewen
    3. Wahid Ezzat Guirguis
    3 lawyer answers

    I recommend you take things one step at a time. Since you filed the mechanics lien today you may be able to get paid without needing a foreclosure suit. Payment on mechanic lien claims are actually quite common, and foreclosures are quite rare. So, get your mechanics lien filed and served on the customer / owner, and then see if that frees up payment. If it doesn't - act fast. Get an attorney or a collection agency to send demands prior to a lawsuit. A good collection agency may be...

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  8. Wait or not wait to send a 20 day preliminary notice, mechanical lien?

    Answered over 1 year ago.

    1. Scott G Wolfe JR
    2. Gregory James Larson
    3. Brandy Ann Peeples
    4. Kevin R Harper
    4 lawyer answers

    You should NEVER wait to send your preliminary notice, because if you wait, you may lose your right with respect to the work you perform in the interim period. If you have a contract signed, that is the time to send your preliminary notice. If you sign future change orders or supplemental contracts that increase the amount of work you do, you'll want to send an amended or additional preliminary notice for that additional contract work.

    5 lawyers agreed with this answer

  9. I live in San Marcos, CA. I'm a contractor, and need to file a mechanics lien in Riverside County. Where do i get the forms?

    Answered 8 months ago.

    1. Cathleen M Curl
    2. Rogelio O. Vega
    3. Scott G Wolfe JR
    4. Kevin Samuel Sullivan
    4 lawyer answers

    You can get the forms (free) and the information you need here: http://www.zlien.com/mechanics-lien/california-lien-law-faqs/

    4 lawyers agreed with this answer

  10. Is it worth it to file a mechanic's lien or material men lien? Does this lien have to be filed yearly?

    Answered over 1 year ago.

    1. Thomas Richelo
    2. Scott G Wolfe JR
    3. Michael L. Chapman
    3 lawyer answers

    To answer your question about whether a mechanics lien is worth it, my immediate and unequivocal answer is yes. In fact, with a debt this size, it's a great idea to file a lien. Filing a mechanics lien is fairly inexpensive, especially when compared to the cost and trouble of litigation (even small claims court). Even though the cost is pretty low, the benefit can be huge. Liens are very effective at getting property owners to crack open their wallets. Small claims court or litigation may...

    4 lawyers agreed with this answer