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How do you file a labor lien for services performed and not paid for by a sub contractor?
MelindaM
Assuming that "labor lien" refers to work done on a home or building in which the contractor/worker was not paid for, it is known as a 'Mechanic's Lien'. The person wishing to file the lien should take (or send by registered/certified mail) the required documents to the county assessor's/land recorder's office in the county in which the property is located. The first step would be to contact the assessor's office for specific information as US state laws differ as to what documents are required as proof of a debt owed.
Wiki User
∙ 15y ago
Wiki User
∙ 15y agoThe process is much too complicated for a layperson to do. See a construction law or real estate attorney in your area ASAP, as the time period for filing a lien is short, and it is important to protect your rights as soon as possible.
Wiki User
∙ 14y agoFiling a mechanic's lien is a multi-step process that varies from state to state. Mechanic's liens laws are created by statute. Each state has its own set of statutes. Even though some states may have similar statutes to other states, the courts then construe the statutes to determine what the legislature meant when they passed the statutes and, of course, courts vary widely on their decisions. I am an attorney in Cleveland, Ohio. A large part of my practice is mechanic's liens. In Ohio, the process, from the lien claimant's perspective, starts with the service of a Notice of Furnishing. Next, assuming that you haven't already waived your lien rights by recklessly signing lien waivers with the payments that you may have received, the lien is prepared and filed with the County Recorder. The next step is technically the perfection step. In Ohio, after the lien has been filed it must be served on the project owner within 30 days. Service can be completed by several different methods, the most common of which is sending it via certified mail. It may also be served by over night courier Sheriff or another process server, essentially any way that returns a signed receipt. If it cannot be served within that 30 day period, there is an additional 10 day period to perfect the lien by posting it on the project. This is a seldom used step. Mechanic's lien laws are usually strictly construed, so you need to complete each step perfectly. I recommend that if you don't know what you are doing, that you find a local attorney THAT KNOWS HOW TO FILE MECHANIC'S LIEN (all attorneys are not equal and the cheapest is not always the best). I am a past Chair of the American Subcontractors Association Attorneys Council which has given me great contacts across the country. If you would like to find an attorney that can help you do this, please feel free to contact me via email (in my profile). I will be happy to locate an attorney in your state to help you (of course I do NOT charge for that) I have also written some articles for the Builders Exchange Magazine you may find helpful. You may find them at http:/ohiolienlaw.com/bx/resources.php . You may also find it useful to review your state's statutes. Here is a link to Ohio's Mechanic's Lien Statute. http://codes.ohio.gov/orc/1311 . I hope that this helps.
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Can a electrical contractor put a lien on your house?
Yes. If the contractor has performed work on the house, and has not been paid, he may file a lien. Even if you truly don't owe the contractor any money, he may still file a lien; eventually, he will have to prove its validity in court or the lien is released automatically.
Can a contractor put a lien on a property when the work was cancelled prior to starting?
In most states, the contractor must have performed work or brought materials to the job site before he can file a lien.
You are required as an independent contractor to file what type of taxes?
You are required as an independent contractor to file what type of taxes?
If you carry a ghost policy as a sub can you still file against the contractor?
No, you cannot file against the contractor if you carry a ghost policy as a sub. The only way to file against the contractor is via a worker's compensation claim.
How long do you have to file a mechanics lien in Indiana?
According to the information at the link below you must file the lien: ". . . not later than sixty (60) days after the date of the first delivery or labor performed and you must file a copy of the written notice in the recorder's office of the county not later than sixty (60) days after the date of the first delivery or labor performed"
When should you file a schedule K?
You are required as an independent contractor to:
Can you file a claim against employer if you are an independent contractor?
Yes.
When is the deadline to file a lien in Washington State?
You have 90 days from the last day on which labor was performed or goods provided to the property against which the lien will be filed.
Does your homeowners cover damage due to remodeling your home?
Generally speaking no. If the contractor did damage intentionally you could file a vandalism claim but you would also need to file a police report. If the contractor was negligent, you could file a claim with their commercial liability insurer.
A contractor and his subcontractor are working the same job and the sub damages the contractors equipment whos insurance pays?
The contractor should make a claim upon the sub-contractors insurance and/or bond. If the sub-contractor defrauded the contractor on having insurance and/or bonding in place then he should report the contractor to the State licensing board, file claim on their insurance, and civil lawsuit (if the insurance company does not directly file or pay).
How can they put a lien on your home if you paid the contractor?
The problem is the Contractor hasn't paid someone, such as if it were a roofer and he owes his supplier money for materials he purchased for the work done on your home. I've dealt with a similar situation, to where my business supplied labor to a janitorial company that provided service at a university. We were forced to file liens against the university in order to receive payment. Make sure that your contractor is in good standing with his suppliers. It's not offensive to a responsible contractor to ask questions as "Who is your supplier?".
