Mechanic's Lein
Our contractor has evidently not bothered to pay one of the companies he contracted work out to and that company has placed a mechanic's lein on our property. Can they do this? Do we have any recourse?
Re: Mechanic's Lein
I'm sorry, I just reread my answer and realized I made a small mistake. The 20 day notice covers work done 20 days *BEFORE* the notice is served and going forward.
In my last answer, I mistakenly wrote "after."
If that's confusing, here's an example: Work begins January 1st, 20-Day Notice served on March 1st, Substantial Completion on July 1st, Mechanics Lien Recorded July 15th. What work can the mechanics lien cover? Answer: anything on or after February 9th.
Also note that foreclosure on the lien must occur within 90 days of recordation. In the above example, if a lawsuit to foreclose is not filed by October 13th. However, since that's a Saturday, the time is extended to the following court day (Monday).
Please also note that the 20 day notice is not required of your prime contractor because you have a direct contract with him. The 20 day notice is intended to protect you from lien claimants about which you did not know. It's hard to say you didn't know about the prime contractor, given your direct contractual relationship with him.
Good Luck
Re: Mechanic's Lein
I'm sorry, I just reread my answer and realized I made a small mistake. The 20 day notice covers work done 20 days *BEFORE* the notice is served and going forward.
In my last answer, I mistakenly wrote "after."
If that's confusing, here's an example: Work begins January 1st, 20-Day Notice served on March 1st, Substantial Completion on July 1st, Mechanics Lien Recorded July 15th. What work can the mechanics lien cover? Answer: anything on or after February 9th.
Also note that foreclosure on the lien must occur within 90 days of recordation. In the above example, if a lawsuit to foreclose is not filed by October 13th. However, since that's a Saturday, the time is extended to the following court day (Monday).
Please also note that the 20 day notice is not required of your prime contractor because you have a direct contract with him. The 20 day notice is intended to protect you from lien claimants about which you did not know. It's hard to say you didn't know about the prime contractor, given your direct contractual relationship with him.
Good Luck
