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Old 07-11-2014, 10:40 AM
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DVS Hardscaper DVS Hardscaper is online now
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General contractors and liens for residential

I'm pretty sure laws will vary from state to state.

This is just a hypothetical question. No issues going on here, just looking into the future.

Normally we list the contract for a residential job in the names shown on the deed. This info is usually available through either an official state website or an official county website. This way if litigation arises - I can put a lien on the property. I have been told by an attorney that you can't put a lien on a property if not all owners signed the contract.

Ok, so say we do a residential job through a general contractor. Say the general contractor doesn't pay us. Since we have nothing in writing from the actual owner(s), can we put a lien on the property?
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Old 07-11-2014, 10:57 AM
southern79 southern79 is offline
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In SC you can. We file liens against the real property when the GC has not paid at 45-85 days depending on communication. 90 days since last day on property working is the cutoff. Foreclose 60 days after that.
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Old 07-12-2014, 05:59 PM
scagrider22 scagrider22 is offline
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In ohio you can.
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Old 07-13-2014, 01:08 PM
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zedosix zedosix is offline
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Up here the answer is yes, you can put a lien on the property in question.
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Old 07-13-2014, 07:44 PM
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all ferris all ferris is offline
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In Illinois you can place a lien on a property that you "improved" with "real goods". You have 90 days to place the lien. If you go to a property and just mow the grass and trim the shrubs you can't place a lien.
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Old 07-13-2014, 08:54 PM
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Superior L & L Superior L & L is offline
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In Michigan people think they can just file liens on residential property but really you need to file a notice of commencement before you start the work. Then within 90 days of finishing the job you can file a lien. In the commercial setting general contractors will typically file a notice of commencement and you can request a copy from them.
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Old 07-13-2014, 09:14 PM
whiffyspark whiffyspark is online now
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Some of the contracts we've sign say that we cannot file a lien on the persons property. Never tried it though so I can't tell you

I filed collections once. 3 years later and haven't seen a dime
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Old 07-14-2014, 03:25 AM
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TPendagast TPendagast is online now
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When you get parts from HD Fowler they have a contract (I've read it a few times) that talk about liens and how they do it and blah blah blah… I'd grab something like that and read/plagiarize their contract.

If they don't get paid for parts, they lien the property where their parts are installed.
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Old 07-14-2014, 10:00 AM
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Quote:
Originally Posted by whiffyspark View Post
Some of the contracts we've sign say that we cannot file a lien on the persons property. Never tried it though so I can't tell you

I filed collections once. 3 years later and haven't seen a dime
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If it's a residential property in Md, the state law says that page one must state that "this contract creates a lien on the property"



But most contractors don't know this! But I do!
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