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lwpat
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25386
Experience:  Attorney with over 35 years of business experience.
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I am a sub to a contractor supplying and installing millwork.

Resolved Question:

I am a sub to a contractor supplying and installing millwork. The job is complete. I have received a 50% deposit. The contractor has not paid the balance(40k). I did receive from the contractor a progress payment of 20K but the check bounced. I have filed a protest for the check. The sheriff has contacted the contractor and there is still no movment on the contractors behalf.
Submitted: 4 years ago.
Category: Business Law
Expert:  lwpat replied 4 years ago.
You need to immediately contact a construction law attorney in your area and file a lien on the property. The mechanic's lien statutes are very specific and have very specific timetables for filing notices. If you miss a deadline or fail to file proper notice, then the lien will not be enforceable. This is enough money to retain an attorney to file the lien and also pursue the bad check. For example, once you file, you must notify the homeowner of the filing by sending a copy of the lien by both regular and certified mail within 30 days of the filing date. After that is done you must provide the clerk with an ''affidavit of service'' advising the clerk that the homeowner has been properly notified of the lien's filing.

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Customer: replied 4 years ago.

Is there potential for criminal charges on the bad check. The contractor has communicated to me through intermediaries thatI have nothing to stand on. He has indicated that he can ignore any late fees. I have a lien on another property against this contractor he claims he has money for me to pay that job and he has indicated he will ignore those late fees; about $600.00

The homeowner in the first case indicated that the contractor has been paid in full. They said that if I were to lien the property that I would be sued by them.

Expert:  lwpat replied 4 years ago.
These issues are best handled by a local attorney that can review the actual contracts, when the work was done, when notice was given, etc. Any late fees would depend on the contract as would your ability to collect attorney fees.
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