Construction Lien – Did YOU get a Notice to Owner?
This is a frequent phone call. A homeowner is putting in a swimming pool or an addition to a house. Shortly after signing the contract their mailbox is full of fancy “Notices” from every conceivable sub-contractor and material supplier that can be imagined. A call is made to the contractor who tells the owner to “just ignore them.” Believing their contractor, the owners pay no attention to the “Notices” and as the pool goes in or the addition is built, the contractor is paid his regular draws, and life goes on.
Now the pool is complete and the owners start getting “Notice of Lien” in the mailbox. The contractor wants his last payment. Guess what? There is not enough money in the final payment to pay the sub-contractor’s and the materials suppliers! To make matters worse, there is a problem with the pool or the addition and the contractor will not fix it as he has not been paid.
What to do? This is a nightmare! Well – the problem was started when the owner failed to realize that the Notice to Owner had a very significant meaning. The owner was being placed on alert that underlying sub-contractors and material suppliers were looking to be paid by the contractor and were reserving the right to place a legitimate lien on the property if they were not paid. This “Mechanics Lien” could eventually permit the lienor to have the home sold and collect the monies owned, interest and attorneys’ fees.
The answer is, make sure your contractor gets you an original release of lien from each and every one of his subs and materialmen. Do not pay until you have these – or – make the checks payable to both the contractor and the sub/materialmen – so you ensure they are paid.
Fianlly – if you think you are in “deep” CALL A LAWYER NOW!!!!!
If you find yourself in such a position it is best to consult an attorney with substantial experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at [email protected] for further information and assistance. We try our very best to respond immediately.
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JUPITER LEGAL ADVOCATES
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