A Mechanic's Lien is a lien created
by statute for the purpose of securing priority of payment
for the price or value of work performed and materials furnished
in construction or repair of improvements to land, and which
attaches to the land as well as the improvements.
A
Mechanic's Lien is the right of a craftsman, laborer, supplier,
architect or other person who has worked upon improvements
or delivered materials to a particular parcel of real estate
(either as an employee of the owner or as a sub-contractor
to a general contractor) to place a lien on that real property
for the value of the services and/or materials if not paid.
Numerous other technical laws surround Mechanic's Liens, including
requirements of prompt written notice to the owner of the
property (even before the general contractor has been tardy
in making payment), limits on the amount collectable in some
states, and various time limitations to enforce the lien.
Ultimate, last-resort enforcement of the Mechanic's Lien is
accomplished by filing a lawsuit to foreclose the lien and
have the property sold in order to be paid. Property owners
should make sure that their general contractors pay their
employees or subcontractors to avoid a Mechanic's Lien, since
the owner could be forced to pay the debts of a general contractor
even though the owner has already paid the contractor. If
the worker or supplier does not sue to enforce the Mechanic's
Lien, he/she may still sue for the debt.
A
Mechanic's Lien (also known as a Materialmen's Lien) is a
method used by contractors or other people employed for the
purpose of improving real property to ensure that property
owners will pay them for services and materials. If the property
owner does not pay for the services or materials, the mechanic
can initiate a court proceeding to force a sale of the property
to pay for the services and materials. |
