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Topic: Mechanics lien

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	Mechanics lien - Wikipedia, the free encyclopedia
		A mechanics lien is a hold on real property for the benefit of someone whose work or property improves the property.
		Through "perfecting" a lien, the technical term for establishing a mechanics lien, the owner's title to the property suffers an interference that will have to be addressed before the owner can restore clear title.
		Mechanics liens are a reaction to the imbalance of power between a worker at a construction site, and an owner of that land.
	en.wikipedia.org /wiki/Mechanics_lien (861 words)

	Mechanics lien construction law overview for building contractors and subcontractors.
		Unlike a preliminary notice, which is a warning that a lien may be filed in the future, a mechanic's lien is for services rendered and unpaid.
		Mechanics' lien laws are very picky - you are either in the box or not.
		But the point is, unlike mechanics' lien timetables which are unforgiving, this is a situation in which the courts are more prone to lend their aid if the violation is minor.
	www.nationallienlaw.com /GeneralLienLaw.asp (5579 words)

	Smith Knowles -- Areas of Practice, Mechanics Liens
		A mechanics' lien is a right given to laborers, subcontractors and professional service providers to secure payment for labor, material or services rendered to improve a particular parcel of real property.
		Thus, although a lien may be recorded within 90 days after completing the project, the nature of the project and the work done by the particular claimant should be taken into consideration in deciding when to file the lien.
		A properly drafted lien, recorded within the appropriate time limit is good until 180 days after the last day work was provided or materials supplied, unless the property is commercial, in which case the lien may be valid for a longer period.
	www.smithknowles.com /practice/MechanicsLiens.htm (997 words)

	Mechanics Lien Real Estate Terms (Site not responding. Last check: 2007-10-02)
		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 mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds.
		Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.
	www.encyclopedia-wiki.org /encyclopedias/real-estate/Mechanics-Lien.html (148 words)

	Mechanics lien - Wikipedia, the free encyclopedia (Site not responding. Last check: 2007-10-02)
		Historically, the term "mechanic" once referred to any person who peformed skilled labor, not limited to current usage that assumes a machine to be the subject of that work.
		Property of the government is ordinarily not subject to the claims of private parties, and a purported mechanic's lien against government land is generally void.
		To protect subcontractors and suppliers of US federal government construction projects where the contract price exceeds $100,000.00, the Miller Act (40 U.S. Code 3131) requires general contractors to give a surety bond which guarantees payment for work done in accordance with the terms of the contract.
	www.mywikipedia.us /Mechanics_lien (1013 words)

	[No title]
		As a direct result of the inability to file mechanics' liens on projects which are built for the government, both federal and state law requires that on virtually every government construction project that the general contractor post a payment bond to protect the interest of the subcontractors and suppliers for the project.
		A lien filing by a sub-sub is not permitted, however, where the sub-sub was hired by a subcontractor in violation of an anti-assignment clause in the subcontractor's contract with the general contractor.
		A lien was denied for paving a sidewalk on a public street adjacent to the lot of the owner, apparently due to the fact that the sidewalk formed no part of a building constructed under a contract with the owner.
	www.chapmanfirm.com /seminar.html (15086 words)

	September 1997, pages 8-9
		Mechanics lien laws are normally statutory and thus vary significantly from state to state.
		A mechanics lien is a lien upon real estate to secure the compensation of those who have been directly instrumental in the improvement of such real estate.
		Mechanics liens are generally available to those who provide labor, or furnish equipment or materials used in the construction, alteration, addition or repair of real estate.
	www.nacm.org /bcmag/bcarchives/1997/articles1997/sep/sep97art4.html (1200 words)

	Mechanics' Liens in Massachusetts: A Pathfinder (Site not responding. Last check: 2007-10-02)
		A valid lien was established by a notice of contract in which the contractor specified an estimated completion date, none being set forth in the contract, to which the owner did not object within five days of notice.
		Lien is automatically dissolved if action to enforce is not begun within required period from filing of statement.
		Liens do not have a priority over a mortgage unless the work was actually begun prior to the recording of the mortgage.
	www.lawlib.state.ma.us /mechanic.html (439 words)

	Mechanics Lien Law
		A mechanic's lien is an encumbrance on real estate created by a contractor, a subcontractor, a supplier or a person providing labor or materials to a construction project.
		General contractors are entitled to the protection of mechanic's liens when they have a written contract with the owner of any interest in real property.
		Sub-subcontractors are also entitled to the protection of mechanic's liens, but the sub-subcontractor must file a notice of identification with the general contractor informing the contractor that the company has been retained by one of the subcontractors.
	www.modl.com /images/library/164.html (586 words)

	Citizen's Guide to Home Building and Remodeling Home
		If you obtain a valid lien waiver from the subcontractor, or if you pay the general contractor in full before receiving the notice from the subcontractor, you cannot be forced to pay for the services or material a second time if the contractor fails to pay the subcontractor.
		If a lien is filed against your property (in the form of a lien statement), it must be filed with the county recorder and a copy delivered to you, the property owner, either personally or by certified mail, within 120 days after the last material or labor is furnished for the job.
		The summons will contain the amount of the lien, a description of the property, a description of the improvements made by the lienholder, and a requirement that each defendant file with the court his or her answer to the complaint within 20 days after the summons is served.
	www.ag.state.mn.us /consumer/housing/CitGuide (4561 words)

	News and Updates: October
		For the purpose of determining issues of priority, liens created pursuant to Ohio law that pertain to oil or gas wells or facilities are effective from the date the first visible work or labor is performed or the first materials are furnished at the site of the improvement.
		Unlike other mechanics' liens under Ohio law, the owner, part owner or lessee who contracts for labor or work to be performed or materials furnished for an improvement need not prepare, provide or record a Notice of Commencement.
		The Affidavit of Lien need not include the first date that the lien claimant performed any labor or work or furnished any material to the improvement as is required for other mechanics' liens in Ohio.
	www.theisenbrock.com /news/jan2002.html (2100 words)

	OHIO MECHANICS
		A lien claimant prepares a Mechanics' Lien Affidavit, records the Affidavit in the county where the project is located and serves a copy of the recorded Affidavit upon the Owners of the property.
		The priority of a mechanics' lien in a foreclosure action is a complicated matter and varies from case to case.
		Liens for work performed or materials provided before the recording date of a Notice of Commencement will have an effective date that is the same as the first date that any work or any materials were provided by anyone to the construction project
	www.dvslv.com /article-ohiomechanicslienlaw.htm (5550 words)

	Mechanics Lien Becomes More Lien-ient
		The mechanic’s lien law is a tedious set of rules governing the process by which workers preserve, protect and secure payment rights in the furnishing of labor or materials in construction projects.
		A mechanic’s lien is a claim created by statute for the purpose of securing priority of payment of the price or value of work performed or materials furnished in erecting or repairing a building or structure.
		Some mechanic’s liens will survive to secure payment interests that would have been rendered defective prior to the passage of H.B. As a result, more subcontractors will be paid “their just dues” and fewer owners will acquire the benefit of improvements without paying for the labor and materials.
	www.skidmorelaw.com /news/article_mechanics_lien.htm (1498 words)

	RSNL1990 CHAPTER M-3 - MECHANICS' LIEN ACT
		An agreement does not deprive a person, otherwise entitled to a lien under this Act and who is not a party to the agreement, of the benefit of the lien, but the lien attaches, notwithstanding that agreement.
		A subcontractor is entitled to enforce his or her lien, notwithstanding the non-completion or abandonment of the contract by a contractor or subcontractor under whom he or she claims.
		The rights of a lien claimant may be assigned by a written instrument and, if not assigned, upon his or her death those rights pass to his or her personal representative.
	www.hoa.gov.nl.ca /hoa/statutes/m03.htm (3561 words)

	CHAPTER M-6 - Mechanics' Lien Act
		16(1) Where a lienholder gives the owner notice in writing of his lien, stating under oath the amount claimed, the owner shall retain from the amount payable to the contractor under whom the lien is derived the amount stated in the notice, in addition to the amount retained under section 15.
		20(3) A claim of lien may be made in one of the forms prescribed by regulation and shall be verified by the affidavit of the lienholder or of his agent or assignee having personal knowledge of the matters required to be verified, which affidavit may be in the form prescribed by regulation.
		30(1) A lien may be discharged by a certificate of discharge substantially in the form prescribed by regulation, signed by the lienholder, or by his agent duly authorized in writing, verified by affidavit, and filed in the registry office where the claim of lien is filed.
	www.gnb.ca /acts/acts/m-06.htm (2655 words)

	FastFacts # 1510 - Ohio: Mechanics Lien Law
		The Mechanics' Lien Law requires all lien claimants to serve a copy of the affidavit of lien on all owners of the improved property within 30 days of its being field with the County Recorder.
		Subsequently, many other revisions were proposed relative to the mechanic's lien chapter to remove conflicting and antiquated provisions, promote uniformity and eliminate impractical aspects of the old law.
		Shortly after the new mechanic's lien law was enacted, interested parties realized that inadvertent drafting errors were in the bill so "cleanup" legislation was drafted and proposed (Senate Bill 338) to correct these problems.
	www.omeda.org /fastfacts/1510.htm (1362 words)

	Real Estate and Finance Law, December 1996
		Under the revised statute, a mechanics lien can attach to a less-than-fee property interest of a contracting party (e.g., a leasehold interest), unlike the prior version of the statute which required the contracting party to be the "owner of land" on which the lien was to attach.
		To perfect a mechanics lien under the pre-1996 statute, a contractor was required to record a Notice of Contract with the Registry of Deeds for the county (or district) in which the subject property was located on or before the completion date stated in the construction contract.
		By submitting the Waiver Form, the general contractor subordinates its mechanics lien to the lender's mortgage interests for all amounts previously received by the contractor, thus addressing many of the lender's priority concerns; however, the contractor is not required to subordinate its priority to any earned but unpaid retainage to which the contractor is entitled.
	www.peabodyarnold.com /insights/insights_12_1996.html (1134 words)

	Hennepin County > Mechanics Lien Sales General Guidelines (Site not responding. Last check: 2007-10-02)
		A person who tows and stores a motor vehicle at the request of a law enforcement officer shall have a lien on the motor vehicle for the value of the storage and towing and the right to retain possession of the motor vehicle until the lien is lawfully discharged.
		The lien shall be valid against everyone except a purchaser or encumbrancer in good faith without notice and for value whose rights were acquired prior to the filing of the lien statement and who has filed a statement of interest in the appropriate filing office.
		The liens embrace all lawful charges against the property paid to any other person by the person claiming the lien, and the price or value of the care, storage or contribution and all reasonable disbursements occasioned by the detention or sale of the property.
	www.co.hennepin.mn.us /vgn/portal/internet/hcdetailmaster/0,2300,1273_82630_100103717,00.html (1615 words)

	Lien Writer™ Professional Mechanics Lien Software
		Lien Writer™ is full featured software, enabling you to protect your incoming revenue in the state you do business in.
		Lien Writer Lite™ is a limited version of our software, enabling you to use the Mechanic's Lien process to protect your incoming revenue.
		Lien Writer Lite™ also gives you the ability to create a Release of Rights once you are satisfied that payment has or will be made.
	www.nwbuildnet.com /stores/ss/pase (335 words)

	Lien Law Online: Mechanic's Lien Resource for All 50 States, includes forms & frequent updates (Site not responding. Last check: 2007-10-02)
		In Missouri, a prime contractor will forever lose its mechanics lien rights if it does not provide a special statutory notice to the owner prior to the receipt of any payment in connection with the project.
		The lien is subordinate to other security interests which will consume all of the funds from which liens otherwise might be satisfied.
		The lien doesn't cover all of the damages or costs for which your company is entitled to be paid.
	www.lienlawonline.com /lienlaw.asp (1197 words)

	Mechanics' Lien Act (amended)
		Clause 7 provides that a person who has registered a lien shall give notice of the registration to the owner of the property referred to in the claim for lien.
		(2) A lien does not attach to and cannot be registered against the estate or interest in the land of Her Majesty in right of the Province.
		(4) Where Her Majesty in right of the Province is an owner, the lien does not attach to the land but constitutes a charge as provided in Section 13, and this Act applies without requiring registration pursuant to Section 18 of a claim of lien against the land.
	www.gov.ns.ca /legislature/legc/bills/59th_1st/1st_read/b058.htm (1687 words)

	Mechanics Liens,Liens,Mechanic lien,Demand Letters,Factoring,Credit Analysis,Consulting,CBNC-866-342-2262,Mechanics ...
		The mechanics lien acts allow lien claimants to place a lien against the property.
		The statutes further provide that lien claimants may file suits to foreclose on their mechanics liens, which can result in the judicial sale of the property in order to pay the lien claimants.
		The lien claimant must have provided goods or services which were used to enhance the value of the property.
	www.cbnc.com /mechanics_lien_management.html (265 words)

	Mechanics' Lien Forms Regulations
		If a person fails to comply with these directions, the costs of the day may be given against him or her in the event that an adjournment is necessary for the production of documentary evidence.
		This is a mechanics' lien action brought by the plaintiffs against the defendants to enforce a mechanics' lien against the following lands: (set out description of lands).
		have not proved a lien under the Mechanics' Lien Act, and that they are not entitled to a lien, and this court orders and adjudges that the claims of liens registered by them against the land mentioned in Schedule 2 be discharged, according to the fact.
	www.canlii.org /nl/laws/regu/1996r.783/20041105/whole.html (905 words)

	Re: Mechanics Lien (Site not responding. Last check: 2007-10-02)
		A mechanics lien is a lien placed against a piece of real property by one that has provided goods or services to the property.
		The lien may also be foreclosed by judgment within one year.
		If you do not do this, and you end up reaching an accord with the worker, be sure to receive a lien release from him, and have it recorded in the land records office.
	www.okla-law.com /_disc/0000011e.htm (130 words)

	Mechanics' Lien Law (Site not responding. Last check: 2007-10-02)
		(b) A claim of lien in otherwise proper form, verified and containing the information required by this section shall be accepted by the recorder for recording and shall be deemed duly recorded without acknowledgment.
		The claimant shall, however, be entitled to record a lien, file a stop notice, and assert a claim against a payment bond only for labor, service, equipment, or material furnished within 20 days prior to the service of the preliminary notice, and at any time thereafter.
		The contracting owner and the original contractor shall authorize the disbursement of funds on deposit in the construction security escrow account in accordance with the order of any court which is binding on both of them.
	www.mechanic-lien.com /law.html (3913 words)

	National Lien & Bond: File your Lien or Bond Claims Nationwide. Construction Law with a Focus on Lein Rights (Site not responding. Last check: 2007-10-02)
		A mechanic's lien is a statement that a contractor has performed improvements on a property and has not been paid in full.
		A lien is filed to notify the owner, the mortgage holder(s), and prospective purchasers that there is a claim against the property.
		A properly filed mechanic's lien can ensure the lien holder is paid before a mortgage holder if the property is sold or foreclosed upon.
	mechanicslien.com /services.html (533 words)

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