Mechanic's Lien; If you have a work quality or other disupte with a home improvement contractor he can?

Question

file a mechanic's lien against your property, which if not resolved can result in foreclosure of your property. This powerful enforcement device is written into the constitution of most state goverments meaning that attempts to remove language from a home improvements contract about the right to a mechanic's lien would be unconstitutional in that state. I can't think of any other businesses afforded this kind of protection. Yet from a daily scan of news reports no industry seems to be as replete with crooks, hacks, charlatans and scam artists as the home improvements contractors. Do you feel that it is time to remove the mechanic lien's provisions prevalent in most state constitutions?

Answer 1

no as there are more property owners out there trying to get work done for free, also take a look at the developers who build on the credit of subs, then go belly up leaving the ones who not only put their blood and sweat into the project but now have to pay for it as well.

Answer 2

A contractor cannot foreclose on the lien unless the contractor files a lawsuit. In court, you will have the opportunity to defend yourself against he lien and assert your claims over work quality. And it most states, the liens expire if the lawsuit is not filed within a short period of time, usually 90 days. There are plenty of consumer protections in place.

Answer 3

The Mechanic's Lien also protects the suppliers.

For example, XYZ lumber sells materials to Fly-By-Night construction for your house. Then Fly-By-Night doesn't pay XYZ lumber. Doesn't XYZ lumber deserve to be paid for the materials, REGARDLESS of the job that Fly-By-Night did?

Yes, there are far too many unscrupulous contractors out there - but as a homeowner, you need to do your homework.

Furthermore, as a homeowner, you have a right to ask for a LIEN WAIVER from your contractor and all their suppliers. Once they give you this, they cannot come back and slap a lien on you later.

Another option - hire your contractor, but pay for the materials (lumber, concrete, etc.) yourself. That reduces the number of opportunities for surprises.

Answer 4

mmmmm nicely i'm a contractor and characteristic walked off a pair jobs.those are situations the position the vendors were as sweet as pie to get you there and grew to develop into out to be one hundred% jerks.for this reason I absolutely do about 5% residential paintings and ninety 5% advertisement paintings. I do require performance attracts on paintings accomplished,the very similar because the advertisement sector.i'm not putting forward who's faulty or good on your case.it must be on your hobbies to shop attempting to the contact the contractor and mediate this. in case you paid for accomplished paintings and no contact made they have damaged the contract.you're then loose to employ yet another contractor to finish paintings.the way the monetary gadget is in the present day I see my legal professional once each and every 2-3 months attempting to collect money.you've paid only for paintings accomplished,employ a concrete contractor and get your force accomplished. sturdy success

Answer 5

Well In NY you CAN get the DEAD BEAT HOME OWNERS WHO WANT TO STEAL YOUR HARD EARN SERVICES !!! I JUST GOT PAID FROM A DEAD BEAT CUSTOMER WHO OWED 26,000 !!!!!!! I slaped a lien on his house. He tryed to sell it and could not transfer it unless HE PAID ME LOL. I got paid 20 K plus he gave me his 86 covette !!!!!! . just to give hime the Zing I told his Wife I found His secret Xdress stuff behind a fake wall . Pay Back is a -----!