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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.
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
What do you do?
You’re not your job. You’re not how much money you have in the bank. You’re not the car you drive. You’re not the contents of your wallet. You’re not your ******* khakis. -Tyler Durden
“What do you do?”
They typical answer is usually something like “I’m a computer programmer.” Or a DJ, a cop, a barista, a stripper, or whatever.
The answer is always given in the context of work. Is work the center of your life? Is your career the most important thing you have? For many, it is. Our jobs become a fully integrated piece of our identities. Even when we pay lip-service to putting our families first, all too often, we spend more of our waking hours working than actually living.
We spend 40, 50, 60 hours each week at our jobs. It’s natural for that to become a part of us.
We go too far.
I am not my job. I am not my career.
I am a father, a husband, a writer, a blogger, and more. I have hopes, dreams, and ambitions entirely apart from my career.
I hope you do, too.
The next time someone asks you what you do, try responding with your passion.
“I’m a parent.”
“I grow freaking awesome roses.”
“I travel whenever I can.”
“I obsess over politics.”
Leave the tradition work-centric script behind. You’re going to confuse the people who are expecting it. They think they are asking about your job and you are responding with something that truly matters to you.
What do you do?
Memorial Day
JUST A COMMON SOLDIER
(A Soldier Died Today)
by A. Lawrence Vaincourt
He was getting old and paunchy and his hair was falling fast,
And he sat around the Legion, telling stories of the past.
Of a war that he had fought in and the deeds that he had done,
In his exploits with his buddies; they were heroes, every one.
And tho’ sometimes, to his neighbors, his tales became a joke,
All his Legion buddies listened, for they knew whereof he spoke.
But we’ll hear his tales no longer for old Bill has passed away,
And the world’s a little poorer, for a soldier died today.
He will not be mourned by many, just his children and his wife,
For he lived an ordinary and quite uneventful life.
Held a job and raised a family, quietly going his own way,
And the world won’t note his passing, though a soldier died today.
When politicians leave this earth, their bodies lie in state,
While thousands note their passing and proclaim that they were great.
Papers tell their whole life stories, from the time that they were young,
But the passing of a soldier goes unnoticed and unsung.
Is the greatest contribution to the welfare of our land
A guy who breaks his promises and cons his fellow man?
Or the ordinary fellow who, in times of war and strife,
Goes off to serve his Country and offers up his life?
A politician’s stipend and the style in which he lives
Are sometimes disproportionate to the service that he gives.
While the ordinary soldier, who offered up his all,
Is paid off with a medal and perhaps, a pension small.
It’s so easy to forget them for it was so long ago,
That the old Bills of our Country went to battle, but we know
It was not the politicians, with their compromise and ploys,
Who won for us the freedom that our Country now enjoys.
Should you find yourself in danger, with your enemies at hand,
Would you want a politician with his ever-shifting stand?
Or would you prefer a soldier, who has sworn to defend
His home, his kin and Country and would fight until the end?
He was just a common soldier and his ranks are growing thin,
But his presence should remind us we may need his like again.
For when countries are in conflict, then we find the soldier’s part
Is to clean up all the troubles that the politicians start.
If we cannot do him honor while he’s here to hear the praise,
Then at least let’s give him homage at the ending of his days.
Perhaps just a simple headline in a paper that would say,
Our Country is in mourning, for a soldier died today.
