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Old 08-22-2007, 08:11 AM
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Originally Posted by cuda View Post
In Florida, you have a certain time limit to file "Notice to Owner", you can file it the first day on a job. If I have any doubt at all, I file it. It has come in handy at times. I think it's six weeks from the start to file the notice, then I believe you have 90 days after finishing to file a lien. I use a service to file notice to owners. They research and find out anyone who has a vested interest in either the building, land, or business, and notice them all. It's money well spent. It runs between $50 and $75 to use the service, depending on how much research they have to do. I rarely file notice on my jobs, because they are normally restaurant chains, and usually have no problem getting paid. I'm about to drop the hammer on one restaurant I'm done with. They are playing "paper chase" with me. As soon as I get the balance of my main invoice (they are still going to hold 10%), I'm going to invoice them for all the other work I had to do for them, due to them breaking tiles while trying to install toilet partitions, and putting their core drills in the wrong places. Just because I can't lien a property, if on the off chance I didn't notice them, doesn't preclude me from taking the company to court, but a lien gives you much more leverage.
JLAY,
Sounds like x-rated has your covered!

Off subject, but I had to pass in on..Cuda...we use water-fed diamond bits for all our bathroom installs...found out it works awesome...have not cracked a tile in 3 years...this is in glass, granite, and the new ceramic and porcelain tiles...anyways just thought i would share since there is nothing worse than tearing partitions back off cause the last hole cracked the tile!

Eric
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Old 08-22-2007, 08:58 AM
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[QUOTE=X-Rated30;2243452]Well, I'm no expert, but... I am a lawyer in Louisiana.

That being said, they CAN put a materialmen's lien on the house. (All you guys giving out legal advice without a license go wash your mouths out with soap now.)

damn,all i got in the house is lava
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Old 08-22-2007, 09:12 AM
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I appreciate all of you guy's input. Just to clear it up there is no lien on the house yet. The process is notify then 30 days to pay and then i believe they have to notify me again when they place the lien on the house. I cannot hold out any money from the builder because i already paid him in full. I will call the title company today and ask if there is anything that they can do.
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Old 08-22-2007, 08:06 PM
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You can keep doing it the hard way, but a lawyer will be more useful. Ask the title company if the builder can go to jail for not paying the concrete company...

Like I say, you can do it the hard way or the easy way.
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Old 08-22-2007, 08:22 PM
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I am a contractor in LA. Was your POS contractor licensed with the State. Check the Lousisana State Contractor's License Board. If he is licensed, report him for non payment. If you keep getting the run around from the contractor, retain a lawyer and sue him.

I am mostly a general contractor, and do a large amount of subcontracting. On every job I contract, a subcontractor has to sign a lien waiver before he gets a check. This relieves me of having to pay any of his unpaid bills like you are fixing to have to.

I also hold 10% retainage on every check that is collected after the job is accepted, and a 45 day lien period is monitored.

If this guy is licensed, and you report him, he will loose his license if he does not pay. If he is not licensed, you are probably in a bind.

There are pos contractors that are not licensed, that open a LLC, and do exactly what happened to you. They collect money from you, don't pay their bills, run away with all the money. You cannot go after them personally, and they don't even have to declare bankruptcy. It there are no assests in the LLC, they can keep it open, with no money in the account, and you can sue them. The only prob is that there is nothing to collect. These POS people then open another llc, and do this again and again.

This happened to me before I started the lien waivers.

E Mail me if you want to talk, [email protected]
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Old 08-22-2007, 10:25 PM
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Quote:
Originally Posted by JLAY View Post
I appreciate all of you guy's input. Just to clear it up there is no lien on the house yet. The process is notify then 30 days to pay and then i believe they have to notify me again when they place the lien on the house. I cannot hold out any money from the builder because i already paid him in full. I will call the title company today and ask if there is anything that they can do.
BIG POINT ! (paid builder in full) In Maryland, if you make final payment for services under the contract, then NO liens can be filed, that COULD be your protection. Check LA law ASAP.
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