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Construction Law/Builders lien and time frame

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Expert: Peter M. Elliott - 9/17/2003


Question
Hello Mr. Elliott, I'm not sure if you can answer my question but i've looked through the list and thought you would be my best hope.
I had a contractor file a lien against my home 2 years ago and I have all the reciepts from him and a sub-contractor that say paid in full, the man is a fly by night so to speak, retired construction worker and just wants more money. To make a long story short, he filed the lien in June of 2001 and it was not notarized at the recorder's office. We are wanting to refinance our home and do not know if this lien will attach since it has been two years and nothing has been done about the lien. I talked with a lawyer a year ago and he said since it wasn't notarized then it wouldn't attach. Any input would be great. I just really know nothing on Liens and time allotment etc. thanks for your time! Sorry if I have wasted your time with this question but hopefully you can help.

Maria  

Answer
Hi Maria,

I am not an expert in this field.  There is no uniform law and it depends on your location.  If you do a web search using the keywords 'mechanic's lien', you will find thousands of sites, some commercial some state run.  There are all flavours - plaiintiff and defendant - so you shold be albe to find the answer to your situation.  You might even find one for your state.

Good Luck  

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Peter M. Elliott

Expertise

First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Organizations
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

Education/Credentials
B Sc(Hons) in Civil Engineering

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