Category Archives: Liening

Liening construction job sites

Imagine you get a contract to work on a site. You invest good deal of money into the work. All your labors have worked hard, day and night to make sure that the work is completed in time and then once the work is completed, you get to know that the company who has given you the work can no longer afford to pay you. That will come as a lightning bolt out of a clear sky. You may wonder how all of a sudden he does not have any money to pay you and what you have now to protect your interest. To be frank, you got nothing to protect your interest. You have to pay your workers for their labor and you get nothing out of this entire deal. On the contrary, you just end up spending all you have.

Well, this is not how things work in the construction industry. When you take up a work, you make sure that you get the payment regularly. However, before that, you have your lien on the property so that in case the project owner is unable to pay you, he can’t use the property and you can sell it off to any financial institution or do whatever to claim your money back.

Now take the same example other way round. Let’s say that you have taken the contract and you sub contract it to a third party. For some unfortunate reasons, you are unable to pay the sub contractor his dues. This will result him in placing a lien on the said property. Therefore, it is believed that placing a lien on the property is perhaps the only method by which you can secure your payments.

Placing a lien can have serious implications once it is placed on any given property. The first major implication will be banks or any financial institution will lend money to refinance the property. Banks want them to be having first lien if they are giving any loan on an existing property. So if there is already a lien on the property, you cease any scope of getting loans from bank. Not only this, you credit rating also takes a beating. This has a huge impact on your borrowings.

It has also been witnessed that some contractors fraudulently place liens on a property even though they have received all the payments. This is a serious issue and is also dealt stringently by the forces. However, you have to go through lot of hassles till the time it is not proven that the money is paid to the contractor. Work at other jobsites is also stopped as contractors fear that they will not get paid for their work. It is crucial that you scan the contractors well by checking their work history and then give work.

Liens on property can have damaging impact even if it is fraudulently put on you. Therefore, always ensure that you pay your contractors well in time so that they do not impose a lien on the given property.

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Placing a lien when you are already paid can be a serious problem

There was a time when construction companies once having taken a project will complete the entire project on their own. They will not like the involvement of any other party in the work. However, the dynamics have changed completely. Now big construction companies only take up projects and let it to other construction companies who further sub-let it to small construction companies or contractors. So one big project is worked by many different companies and the main company who initially took the work has to ensure that all the parties involved in this work are paid in full because if either of the party is not paid then it can have serious repercussion on the project.

The parties who are unpaid can place a lien on the project which means that only when they are paid first that the owner of the project will be able to sell anything to anybody. It also means that the parties who are unpaid and have placed a lien are in a way the actual holders of the property. However, once they are paid in full they will withdraw their lien and then it becomes lien free. As a lien on a project can have serious impact on the project owner in the same fashion if someone has wrongfully placed a lien to harass the project owner, it can again have serious impact on the person for taking incorrect advantage of the lien. Contractors and sub-contractors are allowed to place lien so that they can safeguard their interest if they are not paid by the project owner. But this should not be in any way misused or else the entire purpose of having a mechanism like this goes for a toss.

The law in the United States is strict enough to weed out any menace like this. People who take place wrong liens are punished once they are proven guilty. However, an equal opportunity is given to both the project owner and the contractor to prove their point and if it is found that the project giver has paid in full but it was because of some kind of confusion the contractor did not receive the money and placed a lien, then the court tries to clear out the confusion and at times also gives the contractor a warning to check things first before placing a lien.

Ideally, a lien is supposed to be placed after a series of discussion between the project owner and the contractor and nothing has come out of it. One can’t just go and place a lien when things can be solved via discussion. Placing a lien should be the last option. Therefore, it is suggested that the contractor gives ample of time to the project owner to pay him for his work. If he places a lien without giving sufficient time, it may back-fire him. By no means should the contractor do anything that will place him into problems. If proven guilty he may end up paying good chunk of money as penalty and may also have to be behind bars for few months.

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