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What is a Mechanic’s Lien?

Finance

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Image via Wikipedia

When you hire someone to work on your property or provide material to build or improve it, they are entitled to get paid.   A mechanic’s lien is the method of enforcing that payment.

Here is what you need to know about mechanic’s liens.

A contractor must usually give you written notice of intent to file a lien if the contract isn’t paid.  He needs to do this within a short time of beginning the work.   The notice will include text to the effect that subcontractors also have the right to file a lien if they are not paid.  This notice gives you two methods of defense: You can pay the subcontractors directly and withhold that amount from the payment to the contractor, or you can withhold the final payment until you have received a lien waiver from each of the subcontractors.

If the notice isn’t given correctly, the contractor forfeits his right to file a lien.  Also, in most places, if a contractor is supposed to be licensed to do the work, but isn’t, he’s not able to file a lien.

Subcontractors must also provide notice on intent within about 45 days–depending on the state–of the time they first provide services or material, or the lien is not enforceable.

Protecting Yourself

First, you only have to pay once. If you pay the contractor in full before getting the notice of intent from the subcontractors, you can’t be forced to pay again.

Next, make the contractor provide a list of all subcontractors and keep track of any notices of intent you get.  Get lien waivers from everyone involved before you make the final payment to the contractor.

Finally, you have the rights defined in the notice of intent to file a lien.  You can either pay the subcontractors directly, or you can withhold the final payment until you receive lien waivers from each subcontractor.

Resolution

The lien holder has 120 days to file the lien and 1 year to enforce it.   Enforcing simply means that it a suit has been filed.  Once that happens, you can either pay the contractor, attempt to settle with the contractor, or you can take the contractor to court to determine the “adverse claims” on your property.   There aren’t too many choices at this point.

Do yourself a favor and get lien waivers before you make the final payment on any work done on your property.

How Much Should You Tip?

Finance

Image by cemre via Flickr

This post from CNN Money has been making the rounds. I’m getting into the game today.

With the holiday season upon us, tipping the people you work with is a tradition in some cases and actually expected in others. Here’s what CNN came up with and my take:

  • Housekeeper. We don’t have one. I’d think $75-100 would make a nice tip/Christmas bonus. I seem to be more generous than average with my imaginary maid. Maybe that’s because of the outfits she wears.
  • Gardener. Once again, we don’t have one. Even if we did, I live in Minnesota and have close to a foot of snow over the patch of weeds I call my garden. If I did have a gardener, I wouldn’t have seen him for a few months by now, anyway. $0!
  • Mail carrier. I’ve only met my mail man a dozen times and I’ve never considered giving him a Christmas present.  Do people really do that?
  • Barber. I don’t have one any more.   My wife has started doing my hair for me.  When I did, I tipped about 25%, but again, I wouldn’t think about a Christmas present.   I only saw him quarterly.   I don’t think my wife has a regular stylist either.  She’s just got a shop she goes to and gets whoever is available.  Is there holiday tipping protocol for that?
  • Garbage collector. No way.  Really?   I don’t know that I’ve seen the same guy twice.  Am I supposed to give a present to the anonymous, interchangeable union guy that drives past my house every Friday?
  • Newspaper carrier. One night, twelve years ago, while my wife was still working graveyard shifts, she had a hard time sleeping on her nights off.  That’s natural for 3rd shift workers.   At about 4AM, she was watching TV and saw someone run past the window.   Scared, she came to wake me up.  I handed her the phone to call the police, while I grabbed the only thing I had for self-defense and went to investigate.   I ran out on the front step–in my boxers, carrying a sword–and saw someone lurking in the neighbor’s yard across the street.   I yelled, “Y0u don’t belong here!” only to hear “I’m delivering the paper!” That’s when I start tipping the newspaper carrier. I stopped when we canceled our subscription a few years later.   Who needs a dead tree in the morning, when there are a million news sites on the internet?

If the majority of people are giving Christmas bonuses to that many people, and are as generous as the article suggests, then I fall far to the loutish end of the bell curve. I am planning to give my virtual assistant 1/12 of the pay he’s earned this year, so that should make up for some of it, but that is an ongoing business relationship.

How do you compare when it comes to holiday tipping?