Lisa Schade

Broker, BS, CDPE, SFR

Q: What Should I Know about Mechanics’ Liens?

 

 

A:  A mechanic’s lien is a “hold” against your property that provides contractors and suppliers legal recourse to assure payment for services.  The liens vary from state to state and allow for a cloud on the title of your property and foreclosure action.  Also, if you paid the contractor, but he failed to pay the subcontractors and laborers – who do not have a contract with you – then the workers may file a mechanic's lien on your home.  This could result in a double payment by you for the same job.  You can protect yourself from unwarranted liens by selecting your contractor carefully and managing your construction project responsibly.  Also, most construction lenders will specify a payment distribution process that involves the securing of lien waivers.  The remodeling contract should address this as well, assuring that the general contractor is responsible for all payments as well as any costs required to remedy lien disputes that may arise.

Reprinted with permission from RISMedia. ©2013. All rights reserved.

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