notice to owner questions

[Soundguy]

1, we are the general contractor.. no subs, I have not personally met the client, the owner and estimator have.

2 we hold valid general, underground, and mechanical contractors license in florida. Are insured, general liability, work comp.. commercial auto package.. etc.. been in business and incorporated back in 84.. I've been witht he company since 87 with a 3 year laps from about 90 thru 93.

3/4, at least the primary work was under written contract / signed proposal. the rest of the work? I haven't seen a contract.. but have processed some hourly invoices.. so the rest of the work may be verbal. We are charging the same hourly rate for equipment and labor that was charged on the primary contract, and though I havn't verified.. I bet it's at near same prices of other similar contract work we do. IE.. hour rate for machine rental is probably bang on.. etc.

Soundguy, several queations
1: did you ever meet your client, because my understanding in florida is that the Notice of Intent to File a Lein is only required where the contractor is unknown (ie a sub or subsub) to the owner.
2. And dont take this the wrong way, but you were legal right, not performing as a unlicenses contractor (that nulifies your mechanics lien rights)
3. Verbal contracts are legally binding, hard to prove but they are legal. And work beyond your scope of work would be evidence of an agreement.

4. If you over inflat or falseify yiur claims that is a complete defense against you (you did $2500, but billed for $3500 you loose your.right to collect any)

Its been several years since ive messed with this, but you should be in the right

 

[paulharvey]

Then I believe you are within your rights to file a lien. The owner personally knew your company was on the job. The reason for notice of intent is so that the owner is aware of all companies working there, so that the owner can make sure they get paid, which the owner (as the one benefitting for the improved property), is responsible for.

How is your record keeping, do you have written dates, machine hours, man hours for that specific job.

You seem to have a very good case unless they are claiming the additional work was punch work or already paid for under orginal contract. What is the owners response, avoiding calls? says he doesnt owe? Or is he just dead broke? Crook?

Is it enough money to get lawyer?

 

[Soundguy]

we have daily forman sheets that get turned in from each work crew. lists the job site, foreman, pieces of machinery used.. the hours that machine ran, and the hours per laborer that worked on that job. ( incedental info is listed on the sheet. weather.. injuries reported, fuel delivery..e tc... )

owner seems to be pulling the jerk / crook deal. they have plenty of property, my guess is they are quite solvent. they stopepd returning phone calls, and as of yesterday, i guess mail, as our NTO was returned unclaimed after 3 delivery attempts by USPS.

work was deffinatelty additional past contract. shows different areas in the google wearth maps we are going off of.. etc..

Then I believe you are within your rights to file a lien. The owner personally knew your company was on the job. The reason for notice of intent is so that the owner is aware of all companies working there, so that the owner can make sure they get paid, which the owner (as the one benefitting for the improved property), is responsible for.

How is your record keeping, do you have written dates, machine hours, man hours for that specific job.

You seem to have a very good case unless they are claiming the additional work was punch work or already paid for under orginal contract. What is the owners response, avoiding calls? says he doesnt owe? Or is he just dead broke? Crook?

Is it enough money to get lawyer?

 

[paulharvey]

Check this page out, dont think I ccan link,but ill type it in

Zlien.com/blog/how-to-file-florida-mechanics-lien/

dont know but if you dont file a Notice of Commencement it might have to be civil lawsuit instead of a mechanics lien.

Best of luck, ive lost money doimg this sort of stuff before, and had no real recoarse. And people think it always the contractor who is the crook.

 

[Soundguy]

i'll get back on it monday when I hit the office...