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Re: Uncooperative owner (for Jerry R. Taylor)

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I'm not sure, but you may have trouble liening the project if your contract
is with the builder and not the owner...I think it varies from state to state.
Regardless, you'd have to first file a notice of intent to lien a project before
you can lien it, and only services performed after such an intent is filed can
be recovered (which is why builders file this intent up-front in most of their
contracts and provide lien releases after payments).  You might have more luck
simply having your attorney call the guy and ask him what his intentions are 
with regard to paying you for your service.  A simple call from the right person
(ie - lawyer) can go a long way.

Regards,
Joe McCormick

At 10:01 PM 2/11/98 -0800, you wrote:
>I do not know about your Bulding Department or State regulation.
>However you may consider the the following:
>- Wait untill he calls for the first Inspection.
>- Then firmly require the full payment at the Site.
>- Meet him at the site, PERFORM the inspection, if no payment made, refuse
>to provide FURTHUR service. 
>- Place the Buildrs' Lien against the property and go from there.
>
>Best Wishes
>Kasey Hemmatyar, P. Eng.
>
>KCH and Associates Consulting Engineers Ltd.
>1089 West Broadway, Suite 207
>Vancouver, B.C. V6H 1E5  Canada
>Tel: (604) 731-1113
>Fax: (604) 731-3312 or: (604) 875-8542
>E-mail: kch(--nospam--at)ultranet.ca
>_____________________________________________________________
>
>
>
>At 05:05 PM 2/11/98 -0800, you wrote:
>>I have a client who is quite late on paying my engineering bill on a small
>>residential job and the project is about to break ground.  I have  lost my
>>patients with this guy.  One provision in my contract (which he never
>>returned) states that if I am not paid, my responsibilities and obligations
>>are terminated.  I am considering sending a letter to the building
>>department, with a copy to the client saying that I no longer take
>>responsibility for this project.  It seems to me that this will either put
>>the heat on the client to send me a check or dissolve my professional
>>obligations to an obviously un-cooperative owner.  Is this adviseable?,
>>possible?, legal?
>>
>>Jerry R. Taylor  (jrtce(--nospam--at)mbay.net)
>>
>>
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