Mechanic’s Liens, Lien Releases,
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Latest Mechanics Lien Law and News

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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Mechanics Lien Release—Do You Also Need a Settlement Agreement?

You have filed a mechanics lien and put pressure on the owner or general contractor. Happily, payment has been made in full and you are prepared to sign, notarize, and have recorded a mechanic’s lien release. But should you go the extra mile and also prepare an overall settlement agreement? That is a good idea. The mechanics lien release simply cancels from record the mechanic’s lien. Actually, it is not erased—it merely evidences discharge. Therefore, it relates solely and exclusively ...
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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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