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#31
07-18-2007, 09:49 AM
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Re: Construction Lien
[ QUOTE ]
[ QUOTE ] I am not certain this is correct, but even if it is, it won't work. If the company went through the trouble of filing a lien, they will certainly proceed to foreclose on the lien before time runs out. This is stupid advice. [/ QUOTE ] With respect to the part I bolded, you could not be more wrong. [/ QUOTE ] Seriously? What company would file a lien and then not follow through and get their money? That's insane. 
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#32
07-18-2007, 11:23 AM
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Re: Construction Lien
[ QUOTE ]
[ QUOTE ] [ QUOTE ] I am not certain this is correct, but even if it is, it won't work. If the company went through the trouble of filing a lien, they will certainly proceed to foreclose on the lien before time runs out. This is stupid advice. [/ QUOTE ] With respect to the part I bolded, you could not be more wrong. [/ QUOTE ] Seriously? What company would file a lien and then not follow through and get their money? That's insane. [/ QUOTE ] The contractor in this thread claims to be owed $500. He files a lien at minimal (if any) cost. In most jurisdictions, a corporation cannot appear in a lawsuit without an attorney. So, assuming the contractor operates as a corporation (which most do in order to avoid personal liability when they go belly up), he has to get a lawyer to start an action to foreclose the lien. On the cheap it will cost him much more than $500. Hence, the contractor does not seek to foreclose the lien, and the lien lapses. For small liens, it happens all the time.
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#33
07-18-2007, 11:43 AM
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Re: Construction Lien
[ QUOTE ]
Hence, the contractor does not seek to foreclose the lien, and the lien lapses. For small liens, it happens all the time. [/ QUOTE ] Interesting. So the lien is just a scare tactic, eh? In that case, I retract my comment. Go with Seether's advice. Point and laugh in six months.
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#34
07-18-2007, 11:54 AM
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Re: Construction Lien
Yeah, this whole situation is pretty lame. I work for a plumbing supply house, and we have to file leins on property, personal belongings, etc. wherever possible when we don't get paid by the contractors. Big jobs can mean payments 3-4 months out, and in PA lein rights expire after 6 months, I believe. I wouldn't sweat it too much, getting in touch with the GC and sub is your best bet- the situation should be resolved there, not with an expensive lawyer (your last resort). Good luck!
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