Is it legal to cancel the lien?
Question: We are a contractor who is owed money. We placed a mechanic’s lien on the property but did not enforce it in time. Is it legal to cancel the lien? Can we pursue the debt in small claims court? Answer: Not only is it legal to cancel the lien, but you are required to […]
Contract Dispute
Question: I am a sub contractor I did a job for a homeowner he paid the full amount after I sent a notice. He is now asking me to come back and do additional work at my expense. And threating to leave a bad review on yelp,google etc. He paid in full and right 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 preliminary 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 When the lien is no longer valid […]
