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Old 06-08-2001, 01:00 AM
Ocutter Ocutter is offline
LawnSite Senior Member
Join Date: Jun 2000
Location: S. Jersey
Posts: 314
Need help fast (mechanics lien)

OK this is a long story so bear with me. Last year a new comm. building was being built. It needed treework, scaping, etc. Got the treework portion. We (my sub) got started and was interrupted by other construction subs' trucks, scaffolding, and building materials. We did the work but never got to the stump grinding due to the scaffolding and weather. This was in Nov/Dec.

Work by the builders was not completed until April of this yr. Stumps were still there. I called my sub and he arranged to get there ASAP. My sub went to the site the next day and they were removed by the builders' dozers and graders.

Upset yet understanding I wrote a letter to the person I dealt with for that co. and stated that I was sorry I was not able to complete the work as promised. Since last year there were a few add ons (extra trees removed) that were NOT part of the est. I adjusted the est. minus the stumpgrinding, plus the tree removal and submitted it to her. A total of $1900.00. She gets back to me stating that she was stunned about the add ons and that she was even more shocked to hear that 3 tree experts said the work was shoddy and could incur more disease than before.

Now she is withholding the remainder of the balance until township inspection o.k's it. And even then withholding it for one year as a guarantee for the trees survival. Should any tree die the cost comes from the remainder.

I am super PI$$ED right now and see no alternative than seeing her in court. My sub has dealt with commercial ac****s before and mentioned a Lien that would halt their business until ALL contractors are paid. I need any direction in this matter.

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