Author Archives: Albert Fidalic

Construction Lien – is as easy as easy as 1,2,3

Anticipating great construction work and ending up in a construction lien.
This is definite hardening process for any person. It is also termed as a
Mechanic’s Lien commonly, it brings legal paper work to conjoin and make
sure that builders, contractors and material suppliers would abide by, as
per the law. So when one feels that the service is not up to the mark and
when it comes to a point where the trials of getting in sync with the
contractor no longer works out.

Construction Lien

Payment problem is a major concern when it comes to construction liens,
this would stop the owner from selling there property or try to get proper
refinance. If aterial/subcontractors provider records and place a
mechanic lien against the real estate.

Settle the unsettled

Most of the times, a problem arises, when the parties don’t understand or
do not have much knowledge about the process. It is better to consult with
legal counsel , to get things done in a jiffy without any misconception.

File it right

It is vital to move the case and file the lien, before things go out of
hand. If the property owner doesn’t take steps at all, then it is pretty
important to file it to make sure reconcilable loss in the near future.
The process starts with the notice, before filing it. There is a proper
standard format in which the lien has to be submitted. So, the one who is
submitting a lien, must in general, follow the necessary data to be put in
place.

Secondly, information and facts to be penned down in the lien must be
considered. It is important to furnish all the details right from the
start, in order to make sure that the lien is processed right. This
follows a final call to the personnel who has to respond paying on time, a
foreclosure has to be filed please consult with counsel.

If you are looking for a good trustworthy company that would help you in
getting things done in a proper manner, just visit the website
http://www.preliendepot.com the one well-renowned for the lien
processing, they process the lien on the person’s behalf without having to
spend much time on it. All you need is to give specific answers to the
questions in detail .

Avoid hassles and reduce the loss

Keep all the documentations. Come up with a plan and be ready, so as to
when the payments are to be done in a timely manner. There are also
companies that would work out the payment structure and getting the money
with timely reminders, it is also vital to approach them after filing the
case.

Process the lien and make sure to use http:/www.preliendepot.com. File
all your construction lien with the best professionals. Please check with
your Attorney.

Mechanics Lien

Pre Lien Depot (Mechanics lien release form)

Pre lien depot is an amazing site offering you with automated professional lien forms for your established or fresh construction company. The site offers you with hassle free, automated and budget friendly result for the liens and the construction notices”. So how does this pre lien depot really help you in and what exactly is it? This query and also about the mechanics lien release form will be explained in this following article.

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Types of Lien

KNOW HOW ON “LIEN” STRUCTURE

A lien is a legal or a formal document prepared to be signed by the party to whom the money is given by the debtor. It often entails the need of attaching property if money is to be obtained by selling the property; after the party fails to repay. A deed of trust is prepared in this respect. The recipient is called lienee and the person who benefits of giving lien is called a lien holder or lienor. Continue reading

What is the reason of the Notice to Owner

The simple reason for this is, to protect you lien rights in the event you do not get paid. However, the Notice to Owner lets the owner know who is working on the  property and, therefore, who could potentially lien the project if they do not get paid.    Now this happens that the owner pays the general contractor but the general contractor does not pay the money to the sub contractor and suppliers . If this happens the sub contractor and suppliers, could lien the project. Please check with your Attorney.

 

Changes in Louisiana Lien Statutes

In Louisiana the past year Louisiana legislature made into law a handful of amendments and has changed the Notice requirements , the time  for enforcement of the lien claimants under the Private Works Acts. The major change is the lien claimant is now required to file a suit within 1 year of  the recorded Statement of Claim or Privilege. The previous deadline to file the suit to enforce the claim was a year after the expiration of the time to file a lien.

Also lessors of movables are now required to provide the owner and
contractor with a signed copy of the lease agreement identifying the terms of
rental and of payment.  Finally, a  recent jurisprudence which spoke of the
requirement of itemization in a Statement of Claim or Privilege with out delay have
legislative changes to clarify that unpaid invoices have  to be attached
to a Statement of Claim or Privilege only if the lien specifically states that
such invoices are attached. Please check with your attorney.

Florida, What is a Notice to owner/Notice to Contractor

If you are a Sub-Contractor, or Sub-Sub-Contractor even a Sub-Sub-Sub Contractor, in order to protect your lien rights against the real property where you are working, you must serve a Notice to Owner/Notice to Contractor (“Notice”).  The “Notice” must be served within 45 days from the 1st day on the job. The Notice to owner must be in the form provided in 713.06, Florida Statutes.   Your dates are very important as well as obtaining as much information about the owner and/or General Contractor.  Always request a copy of either the permit or a copy of the recorded Notice of Commencement.

If you choose not to serve a “Notice” to the Owner and General Contractor then you will have forfeited your rights to Claim a Lien in the event the Owner and/or General Contractor do not pay you for your service. Please check with your attorney.

Georgia Chanes in Lien Law Statute

In May the Georgia legislature enacted , the Georgia governor signed into  law and amended to the Lien Law which will expand the area of labor ,equipment and services and materials could be included in a Claim of Lien in Georgia.

The amended Georgia Code Sections 44-14-361(c) and (d) will now  allow a lien claim to include in a claim of lien “the amount due and owing the lien claimant under the terms of its express or implied contract, subcontract, or purchase order.”  As a result of this amendment, lien able amounts now may include contractor and supplier general conditions costs, as well as other support costs, profit and pre-judgment interest established by the contract. Please check with your attorney.

Who Will This Site Benifit?

This site was built to benefit general contractors, sub contractors, such as electricians, painters , concrete contractors, roofers, mechanical contractors , landscape, plumbers ,drywall, HVAC, masonry, plasters,  carpenters, fabricators,  design professionals such as landscape architects, material suppliers, or rental equipment suppliers. Also Industry professionals such as accounting, that use construction software. This is some of the Construction Industry fields that can use this site .

What is Preliendepot.com?

Preliendepot.com is a Do It Yourself web site. We went ahead and produced a website for those in the Construction Industry. We have a step by step example on our video on how to fill in the questionnaire. This is the part you should have the answers to the questions. Preliendepot.com has the forms for your Liens, releases, waivers, Notice of Intent just to name a few. No matter how big or small your company is our site is available 24/7 for your use. There are different packages to purchase, and as low as $9.95. This site is for the Construction Industry .

Missouri’s Mechanics lien

There has been changes pertaining to a claim of lien of rental equipment or machinery. This will take place Aug 28, 2013 . The state statute will not apply for those who rented machinery and or equipment in doing there work, it is to those claiming a lien for rental of the machinery  and or equipment on a commercial project. This claim of lien is allowed for a claim that is worth more than $5,000.00 for the rental of the equipment., while on the property that they are working on, and it does not require proof of use of the machinery and or equipment on the property.

This change includes 1) given time by giving the property owner written notice about the rental equipment or machinery is being used on there property. The amount of time has changed from 5  to 15 business days from the commencement of the use of the equipment or machinery. Please check with your attorney