If you don’t know why you are hear, please read about the 21 Day Happiness Training Challenge.
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.
Crying is for Winners
Have you ever seen a kid come off a wrestling mat, crying his eyes out because he lost?
Often, that kid will get told to be tough and stop crying.
That’s wrong.
I’m not opposed to teaching kids not to cry under most circumstances, but just after an intense competition, I love it. It’s the best possible sign that the kids was pouring his soul into winning. It means he was trying with everything he had.
It means he is–or will be–a winner.
When a kid, particularly a boy in a tough sport, is crying, you know he’s going to try harder and do better next time.
For all of the “tough guy” ability it takes to succeed as a wrestler, I’ve never seen another wrestler teasing the crier. They’ve all been there. Wrestling is a team sport, but you win or lose a match on your own. When you step out in front of hundreds of people and spend 3 to 6 minutes giving every ounce of everything you have to give, only to find it’s not good enough, you’ll often find you don’t have the final reserve necessary to control your emotions.
This is different than a kid crying because he lost a game, just because he lost. Some kids feel entitled to win anything they do, regardless of the effort they put it. That’s also wrong.
Crying at a loss is okay after putting in maximum effort and full energy, not because the dice went the wrong way.
Twitter Weekly Updates for 2010-04-10
- "The best way to spend your money is to spend it on time, not on stuff." http://su.pr/2tr5iP #
- First bonus by stock options today. Not sure I'm impressed. #
- RT @chrisguillebeau: US border control just walked the train asking "Are you a US citizen?" Native American guy says: "One of the originals" #
- @FARNOOSH My credit score is A measure of my integrity not THE measure. in reply to FARNOOSH #
- I'm listening to a grunge/metal cover of "You are my sunshine" #
- There's something funny about a guy on reality TV whining about how private he is. #LAInk #
Twitter Weekly Updates for 2010-04-24
- Watching Gamers:Dorkness Rising #
- Charisma? Weee! #
- Tweeting a dork movie? I'm a bit of a geek. #
- We just met and the first thing you do, after boinking a stranger in the presence of the king, is to murder a peasant? #
- Every movie needs a PvN interlude. #
- Everything's better with pirates. #
- Waffles? Recognize. #
- The Spatula of Purity shall scramble the eggs of your malfeasance. #
- Checkout clerks licking their fingers to separate bags or count change is gross. #
- Watching Sparkles the Vampire, Part 2: Bella's Moodswing. #twilight #
- @penfed was a waste of money. $20 down the drain to join, wouldn't give a worthwhile limit, so I can't transfer a balance. #
- @JAlanGrey It's pretty lame. The first one was ok. This one didn't improve on the original. in reply to JAlanGrey #
- RT @tferriss: Are you taking snake oil? Beautiful data visualization of scientific evidence for popular supplements: http://ping.fm/pqaDi #
- Don't need more shelves, more storage, more organization. Just need less stuff. #
- @BeatingBroke is hosting the Festival of Frugality #226 http://su.pr/80Osvn #
- RT @tferriss: Cool. RT @cjbruce link directly to a time in a YouTube video by adding #t 2m50s to end of the URL (change the time). #
- RT @tferriss: From learning shorthand to fast mental math – The Mentat Wiki: http://ping.fm/fFbhJ #
- RT @wisebread: How rich are you? Check out this list (It may shock you!!!) http://www.globalrichlist.com/ #
- RT @tferriss: RT @aysegul_c free alternative to RosettS: livemocha.com for classes, forvo.com for pronunc., lang8.com for writing correction #
- Childish isn't an insult. http://su.pr/ABUziY #
- Canceled the Dish tonight. #
Why I Hate Payday Loans
I hate payday loans and payday lenders.
The way a way a payday loan works is that you go into a payday lender and you sign a check for the amount you want to borrow, plus their fee. They give you money that you don’t have to pay back until payday. It’s generally a two-week loan.
Now, this two week loan comes with a fee, so if you want to borrow $100, they’ll charge you a $25 fee, plus a percent of the total loan, so for that $100 loan, you’ll have to pay back $128.28.
That’s only 28% of actual interest; that’s not terrible. However, if you prorate that to figure the APR, which is what everyone means when they say “I’ve got a 7% interest rate”, it comes out to 737%. That’s nuts.
They are a very bad financial plan.
Those loans may save you from an overdraft fee, but they’ll cost almost as much as an overdraft fee, and the way they are rigged–with high fees, due on payday–you’re more likely to need another one soon. They are structured to keep you from ever getting out from under the payday loan cycle.
For those reasons, I consider payday loan companies to be slimy. Look at any of their sites. Almost none are upfront about the total cost of the loan.
So I don’t take their ads. When an advertiser contacts me, my rate sheet says very clealy that I will not take payday loan ads. The reason for that is–in my mind–when I accept an advertiser, I am–in some form–endorsing that company, or at least, I am agreeing that they are a legitimate business and I am helping them conduct that business.
In all of the time I’ve been taking ads, I’ve made exactly one exception to that rule. On the front page of that advertiser’s website, they had the prorated APR in bright, bold red letters. It was still a really bad deal, but with that level of disclosure, I felt comfortable that nobody would click through and sign up without knowing what they were getting into. That was a payday lender with integrity, as oxymoronic as that sounds.
