Mechanic’s Lien Timeline
Question: If the 90 days passed after the work was completed AND then (after that 90-day period) the Notice of Completion was filed, does that “restart” the clock to allow me to file a mechanic’s lien in the next 30 days after the Notice of Completion was filed? Or, if the 90 days passed after […]
Public High School Non-Payment
Question: The contractor had a project for construction at a public high school. They have not been paid and want to know what remedies are available. Answer: Because of the principle of sovereign immunity, a mechanic’s lien may not be recorded against a public/government project. However, there are remedies available. The law imposes a ten […]
Water Leak for Previous Owners/Current Tenants
QUESTION: “The house was sold just before the water leak. The previous owners are now tenants, and the new owners out of country. Their realtor/mgr is not accepting responsibility. The job ended 9/22 are we good to lien?” ANSWER: “It depends on who you had a contract with. If you had a contract for work […]
Contract Question About Preliminary Notice
Question: “We are on phase two of a contract and have not yet filed a prelim notice. Can we do it late?“ Answer: “Some providers are not required to send a preliminary notice. For example, if you are the prime contractor and you have entered into a contract directly with the property owner, no preliminary […]
Tenancy, Liens, and Probate
Question: “I take care of horses and am a grounds keeper for an older woman who passed away 2 months ago. The family told me to just continue what I’m doing. But I have not been paid since she passed away. Now today a lady selling the property came and told me that I was […]
Filed A Lien By Mistake?
Question: “We filed a lien after we were paid by mistake. I released the lien right away, the client claims I have to expunge the lien. Not sure how to do this?“ Answer: “Mechanic’s liens are recorded in the County in which the real property at issue sits. When the lien is no longer valid […]
