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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.
Whose Line Is It Anyway? Why do some shows return from the dead?
Watching TV in the summer used to mean surfing channels of reruns, but lately there seems to be a slew of “new” shows that are repeating old ones. Networks and cable channels are bringing back previously popular shows such as “Whose Line is it Anyway?”, “Hawaii Five-O”, and “Dynasty”. While some people are thrilled that their favorite shows are back, a lot more of us are wondering why we need to keep rehashing the past.
The answer isn’t that the networks have suddenly become nostalgic. With increasing competition from internet videos and more cable channels, many TV networks have seen their profit from advertising drop in the past several years. More worrisome for the networks, many economists are predicting that the model of having companies pay for advertising during show breaks will become obsolete over the next decade.
These factors mean that TV stations are not very willing to take risks with new shows. A new drama or science fiction show can take millions of dollars to produce, and in some cases it will be pulled within a few episodes if it fails to catch on. When reviving an old show, a network has some guarantee that it will be popular. While not every remake catches on (Charlie’s Angels anyone?), a remake will usually attract enough interest to make the first episode a success.
The costs to produce these shows are also much lower than “new” shows. In many cases, networks already own the property rights to the show as well as contracts with many of the former actors, directors, and producers. In several cases, they also have access to props, costumes, and set pieces. Because of this, they can produce a pilot for a much lower costs than a “new” show.
Finally, advertisers like the idea of bringing back a show. While a network usually has to struggle to find sponsors for shows that don’t have a full season of Nielsen data to show, they can easily sell a show that advertisers are already familiar with. Furthermore, advertisers like that they know what to expect. Without seeing a single episode, an advertiser can accurately guess at the demographic that will be attracted to the show just by looking at the data from the original show. Because advertisers are familiar with the plot of these shows, they are also more willing to negotiate for product placement within the show itself. In some cases, advertisers have even suggested how their product could be incorporated into an episode before the first script is even finalized.
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Selling Your Home: The Real Estate Agent
If you are not able or willing to sell your home yourself, you’ll need to find a real estate agent. A realtor is someone who deals with all of the hassles involved in selling your home in exchange for a fee of up to 7% of the selling price.
The hassles include marketing, an objective price analysis, advertising on the internet and in newspapers, providing a yard sign, negotiating the sale price, reviewing and filling out the contracts, and navigating the entire process for you. The aren’t meaningless duties, so make sure you are getting what you pay for. You need to find the right realtor for you.
The key to to ask questions, particularly the right questions. You can ask the wrong ones if you’d like, but they tend not to help much.
Helpful questions include:
- “Can I call your previous clients?” If the answer is no, run away! If the answer is yes, get the list and call them.
- “Have you sold any homes near here recently?” Get the names and numbers of the customers and call them. Find out how it went and what they wish would have happened differently. If the realtor hasn’t sold nearby homes recently, keep looking.
- “Will you put your sales strategy in writing?” If it’s not in writing, you may be left paying the full commission, without getting the full promised service.
- “What will you tell a potential buyer that wants to negotiate?” Make sure you and your realtor are on the same page.
Now for some secrets that realtors will not volunteer.
- The selling fee is negotiable. If you live in a popular development, or if nearby homes have sold quickly, you should be able to get your fee reduced a couple of points.
- You don’t have to sign an exclusive listing agreement. With an exclusive agreement, you will pay the realtor a fee if the house sells. Period. With a non-exclusive agreement, you can list with several agents and only pay the one who actually sells your house. If you find the buyer, you won’t pay a selling commission at all.
Selling your house can be intimidating and realtors are there to make the task easier for you. Have you had any problems with real estate agents?
