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General contractors and liens for residential

Discussion in 'Hardscaping' started by DVS Hardscaper, Jul 11, 2014.

  1. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Messages: 6,576

    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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  2. southern79

    southern79 LawnSite Member
    Messages: 91

    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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  3. scagrider22

    scagrider22 LawnSite Bronze Member
    Messages: 1,272

    In ohio you can.
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  4. zedosix

    zedosix LawnSite Silver Member
    Messages: 2,665

    Up here the answer is yes, you can put a lien on the property in question.
  5. all ferris

    all ferris LawnSite Bronze Member
    Messages: 1,309

    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.
  6. Superior L & L

    Superior L & L LawnSite Senior Member
    Messages: 567

    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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  7. whiffyspark

    whiffyspark LawnSite Fanatic
    Messages: 6,276

    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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  8. TPendagast

    TPendagast LawnSite Fanatic
    Messages: 9,966

    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 blahÂ… 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.
  9. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Messages: 6,576

    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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