If you are involved with any type of construction, whether it be from the contractor perspective or the owner of some kind of real estate perspective, there is a very good chance that you have heard of a type of legal document that is known as the mechanic’s lien. When it comes to a mechanic’s lien, depending upon what the jurisdiction is in your particular state or area, it can also be referred to as a construction lien, or even a property lien. So, what exactly is a mechanic’s lien and how can you file one in your state if you need to?
What is a Mechanic’s Lien?
In case you were unaware of exactly what a mechanic’s lien is and what you would use it for, a mechanic’s lien is going to be a legal document that is going to essentially help the rights of however is filing it, in regard to being paid any compensation that has gone unpaid for a construction job. In other words, a mechanic’s lien is going to be filed by either a subcontractor, a contractor, or even a supplier who has done the work or delivered the supplies, but was then not paid for the work that they performed or the materials that they delivered to a particular property. You can make your life easier if you need one by searching for mechanic’s liens by state.
For example, say that you hired a contractor to build a brand-new swimming pool and spa somewhere in your backyard. This contractor then goes and does all of the work that is required in order to build you a beautiful pool and spa. However, once the contractor has completed all of the work and you now have a brand-new pool and spa, you decide that you are not going to pay them the last $8,000 that is left on the contract balance.
This is going to be exactly when a mechanic’s lien will come into play, as once it is filed on your property, it is going to be attached to your property until the debt is paid off. On top of that, it will be much less likely that you would be able to sell the property until the debt has been settled and you will find it near impossible to try and get any type of refinancing done as there will be a lien that is attached to your home. Essentially, this lien will become a huge nuisance to you as the property owner until it is paid off.
How to File a Lien in Your State
If you feel that you are owed money for a job that you have completed and the client is not willing to pay you for your work, you may want to consider filing a mechanic’s lien on them. But before you go out and do so, just know that there are actually different limitations and steps that you will need to take in order to file that lien, depending upon the state that you live in. With that being said, be sure that you do some research on your specific state and the requirements of filing a mechanic’s lien.
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