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Old 01-23-2017, 09:49 AM
Acorn
 
Join Date: Jan 2017
Location: Detroit
USDA Zone 5
Posts: 6
Potager is on a distinguished road
CLient demanding a signed release of lien rights before SHE pays ME!

Sorry, I need a place to rant .... I don't know if I should laugh or cry, but this is driving me crazy. I worked all summer with this client to develop a landscape plan for both her front and back yards, and being as "busy" as she consistently claims to be, we didn't get her front yard project started until very late in the season (which was luckily warmer than usual). We executed a contract for phase I only that would complete the demolition and bed build out with some installation of baby gem buxus. My mentor says she does all her work without a contract and hasn't had any problems in 20 years, but my brain did backflips just thinking about that so I always get a contract, even for little weeding and maintenance jobs. When she finally decided it was time to pull the trigger, she gave me a check drawn from her husband's real estate firm that took 12 days to clear ... I called the bank several times and was told "there was a high likelihood" that it would bounce. Luckily it did not and I informed her that I do not begin work until checks clear when I learned of the ridiculous hold that was being placed. Period. Work gets underway and I wrap up the job, excluding the brick paver border as the 12 day delay and a delay in materials delivery butted me right up to freezing, we agreed to change the order and put the border completion off until spring in the second phase of the project. I adjusted the invoice accordingly, and added a couple of changes that came up after the initial contract was signed as per the contract, which still came out to below the original final payment, so she has had ample time to budget for the remaining balance (an go on vacation!) and 6 weeks have gone by. I have had to contact her 3 times now to ask for payment, and trying to preserve that relationships, I even was kind and said how can I help you, rather than pay up lady or I'll have your ass in court. She responded to my niceness saying she'd pay this weekend, for the second time, then sent me a message last night saying I'd have to wait until Thursday. I replied thank you for the note but I have put off the late fee which should have gone into effect 7 days after the invoice was due because you keep telling me you are going to pay me, so I would impose the late fee if she did not pay by the end of today and to pay via the online link rather than check to avoid additional delays with the check clearing (I don't need that again). She emails me back this morning saying she'll pay immediately but I must send her a signed relinquishment of lien rights before doing so. HAHAHAHAHAHA. This is the laugh or cry part. I am not legally required to furnish such a document (or am I?) and I am sure as hell not going to before she pays, screwing myself over in the process. She is going to get a receipt that her invoice is paid in full - is a relinquishment necessary? I also asked her if she intended to keep me on to complete the phase II of the project and let her know that that would be executed under a separate contract. So more questions ... the building permit lists me as the contractor. If she "fires" me, should I call the city and cancel it? Or does it matter? If I do give her a relinquishment and she somehow decides to keep me on to complete the project in the spring (if I even decide I want to), I'd need to make sure it is worded so as to only pertain to the phase I part of the job and not any future work ... does anyone else furnish these? This has never happened before. </end rant>
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Jessica Soulliere
Owner
Potager Garden Design, Installation & Maintenance
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Old 07-17-2017, 04:41 PM
Pzolo's Avatar
Acorn
 
Join Date: May 2016
USDA Zone 8
Posts: 1
Pzolo is on a distinguished road
We have never furnished a relinquishment. When payment is in full they receive an invoice mark paid in full. No one has ever asked us for one.
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building permits , customer service , liens , non-payment , relinquishment of liens
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