Construction lien that is not validated
a contractor who built out new home refuses to give an accounting with names of contractors and subcontractors and
prof of cancelled checks. instead
placed a contruction lien on our homestead property. what laws protect me in this case?
Re: Construction lien that is not validated
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
RESPONSE: Respectfully Alan Wagner's response is incorrect. Claims of lien filed against a property must be sued upon by the contractor within 1 year otherwise they are automatically discharged. Alan is right that there are documents that can be filed to require the contractor to foreclose on their lien in a shorter time (i.e. a notice of contest of lien shortens the time frame to 60 days and a complaint for an order to show cause as to why the lien should not be discharged shortens it to 20 days from service of the complaint) but I don't think that answers your question.
With regards to how to find out what subcontractors and moneys were spent on the project you can send out a form found on our website, by going to www.theconstructionlawyers.com then clicking on Forms and links, and then "DEMAND FOR COPY OF CONTRACT AND STATEMENT OF ACCOUNT" There are other forms as well such as the "REQUEST FOR LIST OF SUBCONTRACTORS AND SUPPLIERS" and the "REQUEST FOR SWORN STATEMENT"
Good luck,
Randall Gilbert
Re: Construction lien that is not validated
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
RESPONSE: Respectfully Alan Wagner's response is incorrect. Claims of lien filed against a property must be sued upon by the contractor within 1 year otherwise they are automatically discharged. Alan is right that there are documents that can be filed to require the contractor to foreclose on their lien in a shorter time (i.e. a notice of contest of lien shortens the time frame to 60 days and a complaint for an order to show cause as to why the lien should not be discharged shortens it to 20 days from service of the complaint) but I don't think that answers your question.
With regards to how to find out what subcontractors and moneys were spent on the project you can send out a form found on our website, by going to www.theconstructionlawyers.com then clicking on Forms and links, and then "DEMAND FOR COPY OF CONTRACT AND STATEMENT OF ACCOUNT" There are other forms as well such as the "REQUEST FOR LIST OF SUBCONTRACTORS AND SUPPLIERS" and the "REQUEST FOR SWORN STATEMENT"
Good luck,
Randall Gilbert
