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How to fight a mechanics lien

I have a time-sensitive intent to lien as of Monday, March 16th.

Summary:

  • We hired a concrete contractor owned by Dennis Lake (early bids from ACL General Contractors and newer bids from Concrete Excavating Solutions) to do the concrete work at our facility.  We worked from their bid and agreed to terms without any formal contractor contract.
  • We filed a Notice of Commencement, after receiving notice from Ernst Concrete early in the project that we needed to do so.
  • We’ve paid Concrete Excavating Solutions/Dennis Lake $126,932.40 so far, for the work he has completed (and all of the concrete that was poured).
  • We have held back $16,586.66 from their final third due, per our agreement + another $10k to $17k of billed extras, which is pending negotiation and correction of problems.  So, we may end up owing him around $25k, unless the problems cannot be corrected by him.
  • Ernst has given notice of their intent to file a lien against our property on March 16th for $56,649.08 in concrete, for which they haven’t been paid by Mr. Lake’s company, unless they are paid that sum beforehand. 
  • Upon our pressing the contractor for why our concrete had not been paid to Ernst, when we had paid them for it already, they claimed they were told to pay the oldest invoices to Ernst first.  Yesterday, they notified Ernst by email that they misappropriated their last payment and instructed Ernst to correct the payment to apply to invoices relating to our project.
  • Though not obtained earlier, the contractor has agreed to sign off on our lien release, as of the last payment we made to them on January 8th.  However, we are still waiting on that today.
  • Today, Ernst has responded to the contractor's email, stating that they are unwilling to reapply the payment in question, since they had not been told of the contractor's intentions beforehand.  They have said they intend to proceed with filing their lien on Monday.
  • We have uploaded the supporting documents to a google drive folder, in hopes it is helpful. Also included is a folder that includes other business info. involving this contractor.  https://drive.google.com/drive/folders/1DT6zjqaPMIslC6EbGG8gRLlR41RBoBwn?usp=sharing

I can be contacted regarding this matter at 513-703-9142.

Regards,

Tim Macy, GM

Springfield Storage Center

 

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