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The following page was printed from RemoteCentral.com:
| Topic: | Collection Problem This thread has 29 replies. Displaying posts 16 through 30. |
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| Post 16 made on Sunday March 8, 2020 at 15:16 |
sirroundsound Senior Member |
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Posts: | November 2003
1,097 |
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If they stiffed the GC, why isn't he putting a lien on the property?
I would think if he isn't, then he is screwing with you and probably spent the money and now has to figure out a way to pay you over time (based on what was said in OP)
If he is willing to work with you, and in good faith get you a substantial portion of what is owed right away, then you might be OK to negotiate how you will receive the balance.
Having that large an amount still owing at the end of a project seems excessive.
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| Post 17 made on Sunday March 8, 2020 at 16:25 |
Fins Elite Member |
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Posts: | June 2007
11,627 |
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On March 8, 2020 at 11:26, cma said...
Doesn't really cost anything to place a lien on a property. And as far as loosing it all if the property goes to foreclosure.. well it sounds like he isn't getting anything right now either.
As for the OP, let it be known that you have a signed contract and that you expect full payment. Do not give any notice that you could be up for negotiation, once you do that you lose your rightful position of receiving full payment. These Speculation Builders do this shit all the time, they will tell you there is no money left, try to get you to accept a lesser payment and then two weeks later the place will sell and the investors will walk away with a million $$. Happens all the time here in Colorado. I don't do these kinds of jobs for this reason. For a mechanics lien to have any authority, you have to still go to court and get a judgment. All the lien does is gets you to the front of the line. And again, they expire and you have to keep renewing them. And again, the OP may have wait 5 - 10 years for the homeowner to sell the home to collect $45k (interest free).
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Civil War reenactment is LARPing for people with no imagination.
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| Post 18 made on Sunday March 8, 2020 at 16:31 |
Fins Elite Member |
Joined:
Posts: | June 2007
11,627 |
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3. OTOH, it's possible that once I file the lien and "make trouble" for the GC, the GC will then see me as an enemy and refuse to pay me anything (as where now they are at least prepared to pay me something.) If the GC is a good guy, he would expect you to put a lien on the property, and not hold it against you. If he’s not a good guy and is going to hold it against you, he’s probably going to screw you anyway. You need to get a lien on it ASAP, because it not only gives you a claim if the property sells, the order they are filed (actually, the order of when work was started too) makes a difference in getting paid.
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Civil War reenactment is LARPing for people with no imagination.
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| Post 19 made on Sunday March 8, 2020 at 16:45 |
SB Smarthomes Super Member |
Joined:
Posts: | July 2007
2,634 |
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Attaching the lien is the right thing to do, but the best approach would be to contact the GC tomorrow and let him know that you expect full payment and inform him that you'll be placing a lien on the property if you don't receive it.
Because the owner's are actively marketing the property, I expect a lien notice would quickly get their attention.
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www.sbsmarthomes.comSanta Barbara Smarthomes |
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| Post 20 made on Sunday March 8, 2020 at 18:50 |
Hasbeen Loyal Member |
Joined:
Posts: | November 2007
5,274 |
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Doesn't matter to me who's fault it is. I know who's fault it's not, and that's yours.
and that means .....pay........me..........bitch.
I've never had a problem setting a bridge ablaze with someone I'm never going to work with again, especially one who tried to screw me over.
They wouldn't care about your problems if you had some when you were doing the job. They'd want to be made whole...There's only one place that can do that for you, and that's court.
I agree with the consensus here. Throw a lien on the property and call an attorney.
Hopefully they'l need to cover your court costs and attorney's fees as well.
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| Post 21 made on Sunday March 8, 2020 at 21:15 |
cma Super Member |
Joined:
Posts: | August 2003
3,044 |
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On March 8, 2020 at 14:08, crosen said...
I have a call with my lawyer scheduled for tomorrow. Meanwhile, I'm thinking things through, taking in your comments, and coming up with an agenda for the call.
My currently thoughts:
1. The owners/investors currently have the property up for sale. They really need to sell the property, so it seems a lien would definitely get their attention.
2. Now, either the GC was legitimately stiffed by the owners or the GC is just messing with me (or the reality is something in between.)
2a. If the GC is messing with me and the owners find out I put a lease on the property because the GC didn't pay me from the funds that the owners paid the GC, it seems the owners would put a ton of legal pressure on the GC to get me paid.
2b. If, alternatively, the owners did stiff the GC, the owners now have more incentive to make the GC whole so that the GC can pay me and get the lien lifted.
2c. It seems either way, filing the lien moves things forward in my favor.
3. OTOH, it's possible that once I file the lien and "make trouble" for the GC, the GC will then see me as an enemy and refuse to pay me anything (as where now they are at least prepared to pay me something.) Contact the GC first to inform him of your plans, if he is full of shit he may just happen to "find" the money that the accountant missed on a bank draw. If not, then file the lien as intended. I've seen more Spec Homes go to shit at the end than I care to count. You run in to this a lot up in the ski towns. The investors are usually out of town firms that don't care about burning bridges.
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| Post 22 made on Monday March 9, 2020 at 00:51 |
Mac Burks (39) Elite Member |
Joined:
Posts: | May 2007
17,519 |
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On March 8, 2020 at 14:08, crosen said...
I have a call with my lawyer scheduled for tomorrow. Meanwhile, I'm thinking things through, taking in your comments, and coming up with an agenda for the call.
My currently thoughts:
1. The owners/investors currently have the property up for sale. They really need to sell the property, so it seems a lien would definitely get their attention.
2. Now, either the GC was legitimately stiffed by the owners or the GC is just messing with me (or the reality is something in between.)
2a. If the GC is messing with me and the owners find out I put a lease on the property because the GC didn't pay me from the funds that the owners paid the GC, it seems the owners would put a ton of legal pressure on the GC to get me paid.
2b. If, alternatively, the owners did stiff the GC, the owners now have more incentive to make the GC whole so that the GC can pay me and get the lien lifted. Nothing above this line is your concern. It's someone elses problem. 2c. It seems either way, filing the lien moves things forward in my favor. You have been informed that the house is for sale and that the GC hasn't been paid. Go file the lien right now. Then prepare to sue the GC because hes the one you have the contract with. 3. OTOH, it's possible that once I file the lien and "make trouble" for the GC, the GC will then see me as an enemy and refuse to pay me anything (as where now they are at least prepared to pay me something.) Don't let these guys make you feel lucky to get paid "something". You are owed $45K. The GC, the investors...their money problems are theirs not yours.
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Avid Stamp Collector - I really love 39 Cent Stamps |
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| Post 23 made on Monday March 9, 2020 at 06:57 |
Gman Select Member |
Joined:
Posts: | February 2009
2,244 |
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On March 7, 2020 at 21:36, Malcolm013 said...
I always try to structure my larger contracts into 50/40/10 payment terms to minimize the fall out if I were to encounter non payment at the end of the job. Like everyone else said, file a lien... +1
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| Post 24 made on Monday March 9, 2020 at 11:29 |
Ranger Home Super Member |
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Posts: | June 2007
3,486 |
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On March 8, 2020 at 14:08, crosen said...
3. OTOH, it's possible that once I file the lien and "make trouble" for the GC, the GC will then see me as an enemy and refuse to pay me anything (as where now they are at least prepared to pay me something.) If you file a lien you cant be refused to be paid, unless they never want to see the property. File NOW. Who cares if the GC stiffed you or the investors stiffed the GC. Either way, YOU are getting stiffed. Its up to you to allow that to continue or not.
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| Post 25 made on Monday March 9, 2020 at 11:29 |
Ranger Home Super Member |
Joined:
Posts: | June 2007
3,486 |
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On March 8, 2020 at 14:08, crosen said...
3. OTOH, it's possible that once I file the lien and "make trouble" for the GC, the GC will then see me as an enemy and refuse to pay me anything (as where now they are at least prepared to pay me something.) If you file a lien you cant be refused to be paid, unless they never want to see the property. File NOW. Who cares if the GC stiffed you or the investors stiffed the GC. Either way, YOU are getting stiffed. Its up to you to allow that to continue or not.
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| Post 26 made on Monday March 9, 2020 at 11:53 |
Mr. Brad Advanced Member |
Joined:
Posts: | April 2008
934 |
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File a lien ASAP and then negotiate if necessary. Liens have worked for me in the past. I eventually got paid, with interest. I have won lawsuits, and never got paid. Liens are better.
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| Post 27 made on Monday March 9, 2020 at 13:02 |
GotGame Super Member |
Joined:
Posts: | February 2002
4,022 |
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Are you only relying on what the GC said to you?
Have you talked to the investors? Have you talked to other contractors?
What did you deliver? and have you received any payment?
Written contract or verbal?
Big messes fix a company or sink it. Hope your boat floats.
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I may be schizophrenic, but at least I have each other. |
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| Post 28 made on Monday March 9, 2020 at 16:50 |
westcojack Long Time Member |
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So in California it is a little more complicated.
We had the same issue a few years ago, money owed at the end of a long project, and filed a lien (you first had to file a preliminary notice when you started the project); the owner bonded around the lien (agreed to pay any money they owed if it went to trial); we then had to perfect the lien (or it runs out after I believe 6 months); then had to file a lawsuit )or drop the lien); then the owner said he didn't pay as the system 'never worked' (a big lie); and the lawsuit lasted a year and a half, cost us over 6 figures, and your contract better say that the entity that wins the suit gets his/her legal fees paid by the losing entity, and then you may get your $45k. If none of the above work, you can lose much more than the money owed.
We were successful in our suit, were paid 95% of the construction $ owed, and 100% of our legal fees, but the owner had soooo much money behind him, and lied about everything, it was torture for me personally.
You should think about what to do.
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Jack Goldberg, PE |
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| Post 29 made on Monday March 9, 2020 at 17:31 |
King of typos Loyal Member |
Joined:
Posts: | June 2002
5,281 |
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Crap like this scares me to go into business for myself...
I’ll just stick to building submarines, when I get back.
KOT
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| OP | Post 30 made on Tuesday March 10, 2020 at 11:26 |
crosen Senior Member |
Joined:
Posts: | April 2009
1,262 |
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The lien is underway. Next step having my lawyer send letters to the owner and GC.
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If it's not simple, it's not sufficiently advanced. |
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