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Latest Mechanics Lien Law and News

Do You Need a Legal Description in Order to File a Mechanic’s Lien?

The simple answer. By statute, in many but not all cases. As a recommended procedure, always. Without sounding like a typical attorney, let us explain in more detail. First, there is never a requirement to include the legal description in a preliminary notice or notice of intent to lien. The only exception: If that notice is required to be recorded. An example would be Nevada in which one must record and serve within 15 days of the mechanic’s lien, such ...
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There is no need to specify your exact profit and overhead in a contract–that is your private business.

11-15-12. No state regulates the amount of your profit and overhead. Basically, it is what the traffic will bear. However, most states have home improvement contract laws which require you to specify the terms of the contract. But this applies to the overall contract price and does not require itemization of the exact profit or overhead. Any subsequent mechanics lien can be based on that internal figure. If it is a lump sum or stipulated amount, you do not have ...
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Is a G C liable for job site injuries suffered by the employee of one of the subcontractors?

In most states, no. There is a major distinction between hiring an employee and an independent contractor. With the former situation, under respondent superior, the employer is liable for the employee’s injuries because of the extent of control exercised by that employer. But when you hire an independent contractor, such as a specialty subcontractor, you have no right to control the course of work and therefore that sub himself or herself is liable for damages caused to their labors and ...
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