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What is a Mechanic’s Lien?
- 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?
- 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?
The Secret to Fearless Change
Put one foot in front of the other
And soon you’ll be walking cross the floor
Put one foot in front of the other
And soon you’ll be walking out the door
You never will get where you’re going
If you never get up on your feet
Come on, there’s a good tail wind blowing
A fast walking man is hard to beat
Put one foot in front of the other
And soon you’ll be walking cross the floor
Put one foot in front of the other
And soon you’ll be walking out the door
If you want to change your direction
If your time of life is at hand
Well don’t be the rule be the exception
A good way to start is to stand
Put one foot in front of the other
And soon you’ll be walking cross the floor
Put one foot in front of the other
And soon you’ll be walking out the door
If I want to change the reflection
I see in the mirror each morn
You mean that it’s just my election
To vote for a chance to be reborn
30 Day Project – January
This month, I have two 30 Day Projects.
My first project is to start waking up at 5am. This will add an extra 90 minutes to my day, which will give me time to manage all of my other 30 day projects. I’ll be able to wake up to a quiet house, walk the dog, eat breakfast and not start every day in a rush to get out of the house. Today was my exception. After watching 2010 arrive, I didn’t get up early.
The second project is to start reading to my children every night before bed. We read to the kids often, but not every day. That’s going to change. We are also working on breaking the girls of the family bed. If I can read them to sleep each night, it will help. Good, educational family time that makes it easier to sleep every night.
These are both habits I want to keep long after the month is up.
Side Hustle: The Garage Sale Preparation
We had a garage sale last week, as a wrap-up to the April 30 Day Project. We got rained out halfway through the first day of our 3-day sale, but we still managed to clear $1500. We held the sale in our neighbor’s garage because it had more space and better visibility.
Wednesday night, while carrying boxes over, I missed the step to their property from our driveway and crashed while carrying three boxes. That’s a twisted ankle and a bleeding knee. Naturally, while I’m hopping and swearing, everyone is concerned that I’m okay. The worry-warts. Anyway, it hurt, so we stopped setting up while we still had a few boxes left in the basement.
[ad name=”inlineleft”]Thursday morning, I decided to show them all. At 5:30AM, before anybody else is strongly considering the possibility of maybe thinking about getting ready to hit the snooze button, I decided to get the rest of the boxes ready. They’d all wake up, worried about how I’m feeling, asking if I’m to stiff to carry boxes. The best way to show them they don’t need to worry would be to have all of the boxes dealt with before they woke up. So I started. Up and down the stairs, with a stiff, twisted ankle, gloating to myself about how tough I was…BOOM, down the stairs. I was on my back, sliding down the stairs. I caught a stair-tread in the small of my back and another on the point of my tailbone. Mommy?
After I stopped twitching on the floor at the base of the stairs, I managed to get the last of the boxes ready. Instead of sympathy, I spent the rest of the weekend getting asked if I needed an inflatable doughnut to sit on. There are places I’d prefer not to have bruised.
Unpacking the boxes made me glad that everything was priced. We spent 6 weeks going through our entire house–every room, every dresser, every drawer–to eliminate the clutter. As something went into a box, it got priced, so we didn’t have to do it all at the last minute. That is the most important time-saving step for a garage sale. Price it as you pack it. You don’t want to waste hours pricing stuff while tripping over potential customers.
Another preparation tip to do early: Find tables! Ask around. You’d be surprised at who has a dozen folding tables collecting dust in his basement. It’s better to borrow that to rent. The best price I found was $17.50 to rent an 8′ X 30″ table for a week. We didn’t have to do that, but we thought we would have to. I borrowed a few, found a few, and built a few out of sawhorses.
The week before the sale, we placed an ad in the paper. When I placed the ad, the paper called to suggest we change it from running the weekend before to running just the days of the sale. I agreed, to a point, but their Sunday circulation is miles ahead of the weekday circulation, so why pay to run an ad nobody will see on Thursday? I ran it Sunday through Tuesday, because I wanted the Sunday ad and we got 3 consecutive days in the price. Did I actually know better than the paper’s sales-weasel? Who knows? I think I made the right decision.
The Sunday before the sale, I posted an ad on Craigslist. Interesting fact: little old ladies use Craiglist to plan their garage-sale adventures.
Two days before the sale, we made signs. Bright pink signs with brighter yellow starbursts. They were all simple. “Mega Sale! 8-5” followed by an arrow and our address. Simple, easy-to-read, and bright. The morning of the sale, after the ibuprofen kicked in, I put the signs up. When you make signs out of paper, always include a crossbar. It rained a lot the first day of the sale, so the signs wilted. The second morning, I went out with some duct tape and crossbars and fixed them all.
The day before the sale, we got cash and change. We had $50 in 1s and 5s and $25 in silver change. No pennies. Nothing was priced to make us need them.
The morning of the sale, we set up two canopy tents in the driveway and pulled the prepared-and-filled table out under them. We finished stacking as much as we could on the tables and called it “open”. There were a few boxes we couldn’t put out due to the rain. We simply ran our of room. At noon, $65 into the sale, we decided enough was enough and shut down–cold, wet, and miserable. Lunch and a nap made the day better.
Later, I’ll discuss the other parts of our successful sale.
Note: The entire series is contained in the Garage Sale Manual on the sidebar.
Update: This post has been included in the Money Hacks Carnival.
