A mechanics lien has been placed on my property by a contractor who gave me a $4300 invoice after the work had been finished. There were no verbal or written change orders so this invoice came as a complete surprise and we refused to pay. He sent ...
My general answer to the question of whether you should serve a Notice to Commence Suit is to be careful what you ask for, you may get it. Contractors file liens all the time and few are often foreclosed upon. Some are paid or otherwise settled, some are foreclosed and others just die for failure to file suit in time. Keep in mind that the lien is just security for the alleged debt, that even if the lien were bad or even if you did give them a notice ot commence suit and they didn't file in time (few people will file a foreclosure for $4,300), they still have a contract claim.
Poking the bear may get the bear to react when they otherwise might have remained sleeping.
Personally, I would just let it be and hope that it dies. If you think that you may have a claim against the contractor for a consumer violation, like over billing, check Avvo's find a Lawyer for a local Consumer Law lawyer. There may be some aggressive stance that you can take other than demanding that they sue you. In Ohio there might be a claim against the contractor, I am not sure about in Illinois.
Here's a link to the American Subcontractor's Association's manual, "Liens and BOnd CLaims in the 50 States." http://www.keglerbrown.com/content/uploads/2017/02/Lien-and-Bond-Claims-in-the-50-States-2017.pdf . Scroll down to Illinois to get a pretty good synopsis of the durrent law.See question
Hi my name is Donnie Coan. I recently got a new job as the Executive Chef of a restaurant. I signed a document but don't know if it is legally binding. I got another job offer which is way better and I would like your advice.
The question of whether it is legally binding is one question and the other, more important one to you is whether it actaully restricts you from taking another job. While employment agreements work both ways, the one more fully bound tends to be the employer as you can always walk away from a job, anything less would be akin to slavery and slavery was abolioshed by the 13th Amendment to the US Constitution. There could be a non-compete clause. All in all, you can't possibly give enough and SHOULDN'T give enough information on this site--expecially since you have given your name--for anyone to tell you your options. You need to make an appointment with a business/employment lawyer to review the agreement and let you know what you are able to do.See question
licensed contractor didn't have proper permits. He also never completed the job. Took $50,000 and left! now inspectors say my apartment has to be totally gutted out to see what violations he did. Now I have to sue him to get money to do my apartme...
If a contractor violates the MA Consumer Protection Act, they can be liable to you for multiple times your actual damages. Here is a guide to the MC Consumer Law published by the State. http://www.mass.gov/ocabr/consumer-rights-and-resources/consumer-protection/shopping/consumer-protection-law.html I would check Avvo's Find a Lawyer for a local Construciotn & Development lawyer who also has Consumer Law experience. These two practice areas together will be a very potent combination.See question
I was sentenced to 2 years and I did 18 months before being released to a halfway house. I was at the halfway house for about 3 months before I left. I have been gone just a little under 6 months. I know what I did was stupid and I plan on turning...
This was miscatagorized by Avvo because you used the word "house." It tries to figure out where you will get the best answers. I am not a criminal defense lawyer, so I can't answer your question, but I moved it to the criminal defense category so you are more likely to get the right lawyers looking at it. Hopefully they can help.See question
I had some flooring work done in my house. There were problems with job, the responsibility for which was in dispute. These issues were estimated at $500 to correct. I withheld the disputed portion of the bill and paid the flooring firm for the...
Perfection is a defense, but statute of limitations is an easier one. Suit must be filed within two years of the date of the completion of the work. http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2254&ChapterID=63
(770 ILCS 60/9) (from Ch. 82, par. 9)
Sec. 9. If payment shall not be made to the contractor having a lien by virtue of this act of any amount due when the same becomes due, then such contractor may bring suit to enforce his lien in the circuit court in the county where the improvement is located...within two years after the completion of the contract, or completion of the extra or additional work, or furnishing of extra or additional material thereunder.
(Source: P.A. 79-1358.)
From what you have written, it appears that the lien has already expired and your property is relieved of its cloud. THe other thing to consider though, is the statute of limitations for filing a lawsuit to c9ollect the debt without the lien. That may still be viable, so if you don't need to do so, I wouldn't mention it to the lien claimanit and whatever you do, do NOT make a payment on the debt unless it is as an agreed settlement as it is likely to extend the statute of limitations on filing the lawsuit.See question
My brief was stricken and I wasn't able to get my brief in on time before the other party filed. Can I still file a corrected brief if it hasn't been ruled on yet? It's in a appellate court. I am Pro Se. Also, where can I have a lawyer look my br...
My colleagues are both correct. In addition, I recommend that you have a lawyer help you (actually do this for you--most good lawyers won't "look over" your work to make sure that it is right, too much liability. It's better to do it themselves rather than try to approve/fix yours, although yours would be a good starting point). Check Avvo's Find a Lawyer for a local litigation attorney.See question
I purchased a new construction home last year and had both my parents are the loan for income purposes. My father has some debt from 2007-2008 go into judgement. And now they have placed a property lien on my house. My father is a disable veteran ...
Is your father named as an owner or just a co-signer of the loan? If he is just a co-signer, the lien should not be on your property, if he is a title owner, sorry, the lien is on your property and you are saddled with it. I am not a bankruptcy attorney, you need to talk this over with a local bankruptcy attorney, but from a real estate perspective, once a lien is on the property the filing of the bankruptcy will relieve him of liability for paying the debt, but leave your property with the lien. Again, I am not a bankruptcy attorney, so if you are thinking about trying to strip the lien, you really need to talk to a local bankruptcy lawyer, check Avvo's Find a Lawyer for someone with that experience.See question
In February 2015, a pipe broke in my condo that caused extensive flooding in our condo. We hired a contractor for water damages services, moving & storage services (stated that they offered this service) and repairs of the damaged structure. A con...
First, I wouldn't worry TOO much about the waiver of liability. I doubt if they can actually do that in FL, but even if they could, that is generally for consequential damages caused by a negligent failure, like they didn't connect a pipe properly and it leaked. This sounds like intentional damage. Most (all?) states prohibit a waiver of liability for intentional damage.
What is your insurance company saying about this? I am surprised that they aren't at least helping. If they are worthless, I agree with my colleague, check Avvo's Find a Lawyer for a local lawyer, I would look for someone with experience in Construction and Development and Consumer law.See question
I had a lawn service (yard clean up) give me a bid we both agreed on $40/ hour for total 6 hours. The guy told me he could finish the entire backyard within 4-6 hours. He told me from 9am to 3pm (during my work hours) Nd would call me when he was ...
OK, let's start with I am not a Utah lawyer, but no one else seems to have an ahswer for you. I did some quick research and found two things that might help.
1. Cutting grass does not appear to be work that can be used to support a mechanic's lien. To be lienable the work has to be an "improvement," and imporvements are defined in UCA 38-1-2(9) http://dopl.utah.gov/laws/38-1.pdf which privides:
(9) "Improvement" means:
(a) a building, infrastructure, utility, or other human-made
structure or object constructed on or for and affixed to real property; or
(b) a repair, modification, or alteration of a building,
infrastructure, utility, or object referred to in Subsection (9)(a).
If it isn't an "improvement" it doesn't appear to be lienable.
Second, Utah has a pretty strong consumer law in The Utah Consumer Sapes Practices Act. https://le.utah.gov/xcode/Title13/Chapter11/C13-11_1800010118000101.pdf 13-11-4 lists "deceptive" acts one of which is (r) which provides: (r) charges a consumer for a consumer transaction or a portion of a consumer transaction thathas not previously been agreed to by the consumer;
Utah also has a "Home Solicitation Sales Act" https://le.utah.gov/xcode/Title70C/Chapter5/C70C-5_1800010118000101.pdf > Essentially, if they made a deal with you in your home, you have three days to cancel under 70C-5-102, the catch is that they have to give you a written notice of your right to cancel under 70C-5-103. In Ohio, if they don't give you the written notice, the 3 days never starts to run. I dopn't know if that holds true in Utah.
Now, what to do, If it were me, I would invite the manager out to the house telling him to come view the property and the work done, then you will pay the balance that the two of you agree is due. One of your big threats is to make a complaint to the Better Business Bureau or just start to make online complaints about the service (factual only). The threat is often worse than the reality, so often you don't even have to do it, just tell him or her firmly that you are willing to do that, but only if the negotiations fall apart. You are likely to hear that they will sue you if you do. The BBB is really a pretty safe bet if you can't come to a resolution.See question
I have a contract to purchase several acres in NJ for $30k. A title and google search dated after the contract was signed revealed that the seller has two judgments against him in excess of $100k due to prior criminal convictions (the money is owe...
I don't know about NJ, but in some other states the state will take the fair market value (all of the prodeeds going to the state) to release a property. That is equal to their best case scenario if the property is sold at some laterdate, better than if the property is sold at a sheriff's sale. It's worth asking the question. Are you doing this with a title agent? Ask them the question. If anyone has done this before, they have.See question