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Latest Mechanics Lien Law and News

Mechanic’s lien waiver. What if the check does not clear?

It is common to receive a mechanic’s lien waiver before being paid a partial installment under your construction contract. We all expect it and in a way, welcome this piece of paper because it means you are going to be paid shortly. But many of us wonder what would happen if we sign the lien waiver and the check received never clears the bank and bounces. What is the legal effect? For example, assume you are a plumbing subcontractor. The ...
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Can you record a mechanic’s lien for mere maintenance services?

We are all familiar with the concept that a mechanic’s lien is allowed for the conferring of labor and materials to a project which improves real property. But what if you are not installing materials, but simply maintaining the property? That makes the filing of a mechanic’s lien more problematical. The general rule is that a lien may not be filed merely for maintenance services. Take for example a landscape contractor. There is surely entitlement to a lien if you ...
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How long should you wait before filing a mechanic’s lien?

Many of you probably already know the answer. Simply look up the law of your state and find the last date to file. Then simply file a few days before. We must respectfully disagree. File the mechanics lien well before the deadline. There is rarely a legitimated reason for waiting more than 45 days after completion and nonpayment. This is a safe bet, because no state in the union has a filing date of less than 60 days. Quite frankly, ...
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