Collecting by Contractors, Subcontractors, and Suppliers in NC (Attorney)

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I’ve run into a number of contractors and especially subcontractors who are very focused on their construction projects but fail to collect their bills.

This is important, that is if you like to make money for the work you’ve performed.

Some key things to keep in mind on every project. This will help me collect for you and also keep your attorney fees reduced.

1)      Send an Purchase Order to the property owner on every job before you start working. Ideally you’d get them to sign the p.o. and send it back. Keep a record of this P.O.

2)      Date you first performed work or delivered materials to the property—keep a record of this in your file on this construction project/contractor/owner

3)      Date you last performed work or delivered materials to the property—again keep this in the file

4)      How much you are owed?

5)      Tickle on your calendar 30 days after you last worked on the premises. If not paid, send 2nd Notice Invoice.  Mark that on the invoice. Call the owner/contractor.

6)      By the time you’ve hit the 90 day mark on the last date you performed services/delivered material, it’s time to bring an attorney to collect.

7)      RULE: Contractors, Subcontractors, and Suppliers have 120 days from the date they last perform service / materials to file a claim of lien in the County where the property is located. This attaches your claim to the property. General rule: contractor can’t sell the house without paying your claim. *different rules apply when contractor is doing construction for a different property owner.

8)      RULE: Contractors, Subcontractors, and Suppliers have 180 days from the date they last perform service / materials to file a lawsuit to maintain the claim of lien and it’s attachment to the property. You’ve got to take the claim and lawsuit to judgment.

Stay on the collection side of the case. Nice guys get left holding the bag. Squeaky wheels get paid. When you start hearing stories that don’t add up, don’t wait, go ahead and hire an attorney to get the claim of lien & collection lawsuit moving.

*Laws change. This is discussing laws in effect as of 2/14/12. This is only discussing property where you contracted directly with the owner.

Cars: They keep the average man down. My solution

 

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Cars. In the words of a family member: “The automobile keeps the average man down.” I believe it. Saw many a car payment help a family get to bankruptcy court.

So why the pic of the old Saab. I’ll get to that in one moment. First new car talk:

               I bought one new car and figured out it cost me $0.45 per mile. Here’s how I calculate that: I owned it 4 years (sold it to buy a minivan). Paid $28,000. Sold for $13,500 plus received pro-rated extended warranty refund of $1300. But for a while I spent $$$ each month on a car payment. Figure $200 on average went to car payment interest for 3 years for a total of $7200 in interest. 28,000-13,500+1300= 13,200 + 7200=$20,400. Owned for 4 years (48 months). 20,400 divided by 48 mo= $425.00 per month.

               I drove the car 45,000 miles. So it cost me $0.45 per mile just to own. Excludes gas, insurance and tags.

               Now for the Saab. It’s a 1989. I had an odyssey looking for a car. I tried leasing but the $300 per month lease either really costs $500/mo when you factor in the down payment or the salesman would upsell me to a more expensive car. Used car prices are ridiculous. Finally, I found the Saab, this is my 3rd Saab 900. $500. That’s right. So it basically pays for itself in one or two months use. As long as it meets my $1500 per year in maintenance, I’m copacetic.  Two weeks after buying it I replaced the radiator.

               So why a cheap car: 1) can’t lose that much. Cars are utilities not assets. I might even go so far as to say they are liabilities; 2) I have a classic car addiction. Presently I’m feeding that addiction with the restoration of an Austin-Healey 3000. 3) I only drive about 7000-8000 miles per year on my regular car and this $500 beater (the picture is not showing it’s rougher side. The car is a a 20/20: looks decent 20’ away or going 20mph) serves 95% of my need. It gets me from point A to point B and back to A. Really, do I need a Mercedes S-Class to do that?

               Now I don’t go pulling up at the front door of the country club in this baby, at least not until it gets some body work touched up.

               Thanks for reading the Ramblings of the Triad Lawyer

 

 


 

 

Responding to Licensing Board Complaints in NC

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I‘ve just closed a file for a client who had a licensing board complaint. It was baseless, in my opinion, and I was proven correct today.

The particular investigation into my client was finally reported closed and the complaint without merit.

So what does that mean for someone else who receives one of these complaints? Baseless or not you:

1)      Have to respond to the complaint in timely fashion.

2)      Cooperate with your license board investigator.

3)      Keep good records.

If you receive notice of a complaint being filed against you, contact us to discuss your response.

Face it and get it done.

By the way, it took one year for the licensing board to make its final determination.

It’s your license, which means it’s your livelihood. We will represent you in the administrative hearings also.

*This result is not indicative of all results. Facts and laws affect each case differently.

 

MGB in 25 degree weather- topless

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Drove the MGB for its last official day as my only daily driver. Driven top down to work on 16th for my new personal cold weather record: 25 degrees. On ride home it sleeted/cold rain briefly on me. Sleet stings. Car is complete now thanks to some good friends. Sadly now my 1962 MGB will be for sale.

My new daily driver became a 1989 Saab 900 SPG. I love those cars. Yes it’s old, but I’ll be doggone if I’m going to buy a brand new car with all the proprietary parts the manufacturer puts on them.

Lawsuit filed over Fatal Buttock Surgery or “Is Vainglory One of the Seven Deadly Sins?”

The Seven Deadly Sins rears it head again. (See below for the rest of the mortal list).

Two lawsuits [ONE FOR EACH BUTTOCK?] have been filed over the death of a Las Vegas woman in a botched plastic surgery operation on her buttocks. [SOMEONE TELL ME HOW THIS IS DONE? DO THEY ADD SUPPORTS TO MAKE THEM PROJECT OUT? Just when I thought I’d heard everything. Next someone will have foot plastic surgery. ]

Authorities say the Columbian couple that performed the surgery was operating an illegal medical practice in Las Vegas [WAIT A MINUTE, THE WOMAN WENT TO SEE UNLICENSED MEDICAL PROVIDERS FOR HER SURGERY–THERE IS A HUGE “ASSUMPTION OF THE RISK” DEFENSE COMING IN THE ANSWER. And they went to see a couple. A couple? A couple of what is the question. I can only hear: “Mr. and Mrs. Smith will see you now.” That should have been her first informed consent warning].

The victim died after an “unusual reaction” to lidocaine, the Las Vegas Review Journal Reports. The defendants are currently serving four to eight years in prison for the woman’s death.  

source: Francis McCabe, Las Vegas Review Journal  01/04/2012

Read Article: Las Vegas Review Journal    

What else is one of the Seven Deadly Sins (a/k/a the Cardinal Vices)

 

Uh, there are nine of these sins. Interestingly, did you know there are demons associated with each of the ‘7’ deadly sins?

     

    Hoarding–do poor people hoard more? Why?

    Thoughts from my travels from NC to Upstate NY and back.

    Technically, one hoards to accummulate rations for future need. However, hoarding has become synonymous of recent with excessive gathering of items or animals. See reality shows on animal hoarding for an example.

    So as my family drove up rural country roads, especially in a particularly impoverished part of Pennsylvania, it was amazing to see hovels with vast quantities of items like riding lawnmowers surrounding the house. It made me wonder this: do the poor folks gather junk in an effort to compensate for not having monetary wealth?

    Kirk Sanders

    Bank ‘work out’ sessions

    Went to a bank work out session (not for me). Moral of the story: Always think long and hard before you sign a personal guaranty. Deals always look so rosy when you first start the deal. Think about whether you can withstand the business imploding and your left standing with payments on the loan.

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    The problem is most businesses / people have to much debt that sucks the life out of the cash flow. Also, a lot of people keep rolling their debt over and refinancing instead of working to pay it down. Nail down a fixed amortization loan.

    The man/woman with a debt free business can take home a lot more cash without having to kill it to make a lot of revenue.

    My favorite is a guy I know who started out pressure washing as soon as he got out of school. No business debt. Boy, I wish I had his networth. He kept branching out into other service and manufacturing ventures. 

    Just my two cents worth.