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To: spunkets

Well, in California this is the way it is. Sucks for the homeowner.

WHAT IS A MECHANIC’S LIEN?
This section describes a mechanic’s lien and the problems it can cause property owners.
A mechanic’s lien is a “hold” against your property that, if unpaid, allows a foreclosure action, forcing the sale of your home. It is recorded with the County Recorder’s office by the unpaid contractor, subcontractor or supplier.

Sometimes liens occur when the prime contractor has not paid subcontractors or suppliers. Legally, the homeowner is ultimately responsible for payment - even if they have already paid the prime contractor.


14 posted on 12/09/2007 5:17:16 PM PST by svcw (There is no plan B.)
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To: svcw

Yes, I know what a mechanics lien is. Only the party in the contract can place one. The subcontractor is not a party in the contract between the general contractor and the homeowner. Since he’s not a party in that contract, he can’t place a lien. The subcontractor works for the general contractor. The general contractor pays him to do work for him. If the subcontractor doesn’t get payed, he must go after the general ocntractor. The homeowner owes the sub nothing, because the homeowner never made a contract with him. In this case the general already got payed.


16 posted on 12/09/2007 11:20:42 PM PST by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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