Builders Liens for Contractors (And How to File them and Recover your Money)
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- Опубликовано: 8 сен 2024
- This 5 minute video explains how builders liens work for contractors and how a contractor can recover his money when he has a valid lien under the British Columbia Builders Lien Act.
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What protects the owner? Contractors don't finish work. Try to bail on contract and yet they can put a lein on my house. My contractor started a one week job and took 6 months since he started the contract. He still isn't finished. He did most of the work but he subcontracted to get it mostly done
What do I do to get started on falling alone in columbia south carolina
Hello and thank you for taking the time to make this video. Do you provide services in NYC?
can I fill a lien against my contractor. took my money provided no services at all
No, what you need to do is go to small claims court and you can win in court. Once you win in court, if you do, then you should go to the state licensing board. But it’s important to go to court first, so that both sides can tell their story.
…For example, the contractor might say that he tried to do work at your house, but you did not allow him access to the property. Which has actually happened to me once from a crazy guy, lol.
Unfortunately no, there are no "liens" that can be filed against contractors who do work for homeowners. Your only recourse is to bring the matter to court and try to win a judgement against the contractor. If you obtain a judgment against the contractor, you would then be able to register it against property that he owns (which is sort of like a lien).
@@theengineeringlawyer4346 I delivered $5k worth of trees to a neighbor. We have sent the invoice and they do not want to pay. They want to only pay 1k, and now only $500. Can I put a lien on them?
@@theengineeringlawyer4346 how do I get in touch with you?
Very helpful, thanks. Does the same apply for consulting engineers who did the work on the building? For example, the owner appointed the engineer to fix the existing structural issues on the building and never paid for it. The fee is obviously much less than the value of the building. I have this case now and I consider going to the small claim court since the owner has no intention of paying, even though the building has been fixed as per my project... It's a shame you're not in AB, it would be good to have a lawyer who understands engineering.
Yes, in general, consulting engineers who did work on the building and were not paid are also entitled to liens. I believe this is also true for Alberta. But best to check with a local AB lawyer first.
So if I file a lien and a lien is placed on the property, what would be the next steps to get paid? Could I force a sale on the property? What if the owner doesn’t do anything even after the fact of lien being filed.
The first thing you need to do is go to court to get a judgment on the debt/lien. Then, from there, you’d file to foreclose on the lien meaning the home would be sold at auction if they still don’t pay you
My husband is owed for demolishing a house and clearing the land in Sealy Texas but he was hired by a subcontractor that basically disappeared after the work was done. I have tried to locate the property owner and the only public record I can find is a 79 year old lady which I am unsure if she is still the owner. It has already been 5 weeks and 6 days since we finished the job but the subcontractor has been lying to us and saying he will pay us next week and next week and now it has been 6 weeks! I have never gone through this before and now the subcontractor has completely stopped responding to us is there anything we can still do to receive the $3986 we are still owed?
Thanks for the video. I have a situation that I would like to get your perspective on.
I am a subcontractor and I did a job for a general contractor on a residential property . He owes me close to 5000 remaining on the invoice. This project has been going on for over 6 months and it's not yet completed. I have a small portion left to finish that wasn't on the original contract but added after I was done. The GC has said he's not gonna pay me the final balance. Then he pays me a 3rd of what I'm owed and said he'll get me the rest. I'm having to chase after him just to get paid with no success in securing any other funds from him. The fact that he mentioned he wasn't gonna pay me in full when we discussed the bill makes me nervous as if he's gonna screw me over after I finish the added stuff not on the original contract. Basically I just wanna know if he does end up not paying me whats the timeline to file and my legal rights on this situation? Thanks in advance for any help.
Hi there, I am assuming you are in BC - if so, someone in your situation will likely have 45 days after the GC is either 'substantially complete his scope', or he is terminated, to file a lien. It is always better to err on the side of caution and file a lien early rather than too late. This information may change depending on the specific circumstances in your case, though, and as always, you will need legal advice from a lawyer to determine how your the law will apply in your circumstances.
Hey so I need help on typing up a lien to turn into the court house but
I’m not exactly
Sure as to how it should look
I had a dispute with a customer and he was somehow able to stop payment on the checks he wrote me worth $2300. He signed a contract. He just couldn’t be satisfied. What can I do about this?? I was even charged a chargeback fee from the bank
I just did a job a job I had finished almost all of the agreement, now when it was my day to complete the job they home owner didn’t open the door for me , they re schedule for me to finish till the week after, now there is not a contract that back me up for evidence bt I have cheering mensages and pictures of everything I did ,, the amount that is owe 1s around $14000,,,is there anything that I can do? Or should I just forget about it,,, there was a house flipping 🥺
Hi Miguel,
This is a tough one because the amount involved probably makes using a lawyer uneconomic. In such a situation, if money was no object, the best course of action would be to lien the house to protect your interest (provided you meet all the requirements for a lien). That way you have some leverage against the homeowner. The home can't be sold without the lien being dealt with. But if you had to enforce the lien, you can only do so in supreme court (not small claims court), and that makes your journey to getting paid either difficult if you do it yourself or uneconomic if you hire a lawyer. Regardless, you would want to obtain legal advice from a lawyer to properly assess everything going on in your case. Our law society rules provide that we can only give information applicable to general scenarios that may not be specifically applicable to your particular fact pattern until we engage in a solicitor client relationship.
Should I do a lien then sue the homeowner or can I just sue them right out first?
You can always just sue the homeowner outright but then you'd be missing out on one of the most powerful legal tools for collecting on unpaid invoices. One of the few circumstances where you might want to proceed without a lien is if the amount you are claiming for the lien is small (perhaps 30k or less). In that case, you might want to forego the lien and take the matter to provincial court where the process is more simple and legal fees will be less. If you lien, you have to take the claim to Supreme Court where the process is sufficiently complex that a lawyer is almost a necessity.
If subcontractor run away in the half and aims on extortion me and put a builder’s lien on title. But plaintiff only started case planning proposal and now stopped book trial, is there a expire date for CPL and this case? If plaintiff dead , this case still there? Or cancelled automatically. Plaintiff is old age. 😂If I pay court , what % I need pay or full amount ? Thank you .
I work as a freelance estimator, and did estimating work (for various quotes) for a sub-contractor, who hasn't paid me in 3+ months - keeps saying he is having issues with the general contractor. Is that something I can do a lien for?
Hi
I’m in same situation besides this guy owes me a private loan too
Would like to know what did you figure out
@@rettenthetetlenek This is a tough one. In BC, If a person was providing construction management services to the sub-contractor, and even if that person never set foot on site, they would be entitled to lien the project, provided the construction of the project actually started. Providing freelance estimation work isn't quite construction management work. There are no cases that I am aware of that discuss freelance estimation work. I would say it is at least arguable that freelance estimation work would fall under the same category as construction management work, but it will be highly fact-dependent on the work that was done. For example, was the estimation work in relation to a project that actually went ahead and construction started? That would make the right to lien more certain. As always, I would suggest getting legal advice so that you can have an opinion you can count own which is applicable to your specific scenario.
Sir can you made one for me ,,,???
change speed to 1.75 he talks really slow
This information was not helpful at all. It was moreso the definitions of a lien. Please provide how to actually "How to file the and recover your money" was the title of this video. Thanks.
it's easier to just touch the client wit teh jab, after you hold them upsidedown by their ankles and shake the monies out