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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?
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.
Crying is for Winners
Have you ever seen a kid come off a wrestling mat, crying his eyes out because he lost?
![Wrestling Sideways - Really Wrestling Sideways - Really](http://farm3.static.flickr.com/2585/3715091306_a5748b841a_m.jpg)
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.
Teaching My Child about Money in a Way I Was Not Taught
When I was in high school and working 15 to 20 hours a week, my mom gave me free rein to use the money I earned as I would like. Actually, she said nothing to me about saving for college or putting some money into savings.
When I had friends who complained that they had to put away some of their earnings, I commiserated with them. How unfair of their parents to make them save some of their money! They worked hard for their money, often at crappy part-time jobs. They deserved to spend the money any way they saw fit.
The way I saw it, why save for college? According to financial aid rules, if the student has any savings, she would have to use the majority of it to pay for college. How unfair. To add insult to injury, if prospective college students have some savings, they would qualify for less financial aid, which often meant fewer student loans.
The injustice.
Yes, it was better to spend my hard earned money than save it and be penalized.
No one told me differently. In fact, many people in my family agreed with me and encouraged me to buy a used car to get to and from my job. Of course, I paid the loan payments for the car, the gas I used and my insurance out of money from my job. That was a responsible use of money, but I also went out to eat with friends, a lot. At 16, I was going out to eat with my friends twice a week at least.
However, my plan worked perfectly. When I went to college, I didn’t have to use any of my hard earned cash. No, not me, because I hadn’t saved anything. Instead, I left college with nearly $20,000 in student loan debt. I took two years off and paid down as much student loan debt as I could, getting it down to about $8,000, but then I went to graduate school and took on more student loan debt. I graduated with nearly $25,000 in debt total. I am still paying on it today, 13 years later.
Now that I am the parent, I am one of those “awful” parents who makes her kids save. My son knows when he gets his allowance, some goes to save, some goes to donate, and some goes to spend. True, it makes me cringe when he uses his spend money on little trinkets like temporary tattoos, stickers, and gum, but I keep silent. He did the work to earn the money, and he can spend it as he likes. However, I am inflexible with saving; that money must be set aside. When he goes to college, I expect that he will have to use the majority of that money. Rather than seeing it as a waste, I see it as an important component of his financial education. Spending his money to pay a portion of his college education will hopefully make him take college more seriously.
Meanwhile, I have already begun having chats with him about money, spending, and budgeting. He watches his dad and I work hard to pay down our debt with gazelle intensity. He sees me use a calculator at the grocery store to see how much our groceries will be.
Ultimately, he will make his own financial decisions as he grows up, but I plan to teach him throughout these important years so that even if he turns into a spendthrift, he will have a firm financial understanding to revert to as he ages. While my mom taught me how to stretch money further, she never taught me how to save; I hope saving is a lesson my son takes with him throughout his adulthood.
How do you teach your kids about money management?
Melissa writes at Fiscal Phoenix where she encourages people to rise from the ashes of their financial mistakes as she and her husband are doing.