Liens are mainly associated with suppliers and subcontractors. In case, general contractor you had hired to remodel your building does not pay suppliers, court may order lien to be placed on building until money is recovered. It does not matter whether you paid contractor or not. Suppliers and subcontractors are given chance by the law to seek payment from you in case general contractor is unable to pay. This makes it necessary for you to understand Mechanics Lien NY before hiring contractors.
There are many reasons why this mechanics lien is allowed. Liens are intended to ensure that work owners do condone irresponsible behavior of contractors. They are also intended to force homeowners to sue contractor hence recovery of money. However, this is only possible if correct procedure is followed. This procedure is a bit complex and it is important to remain patient throughout the process.
Suppliers need to be patient and knowledgeable when dealing with mechanics lien. This is owing to the fact that entire process is complex. Correct procedure ought to be followed. Correct documents must be available and also submitted to right people. To carryout process successfully suppliers must know; project location, project type, work they did and contract amount. Procedure, which suppliers ought to follow so as to successful is discussed below.
It is important for supplier to inform project owner on kind of goods, he or she supplies. This information must be revealed to homeowner in the first thirty days after delivery. If contractor fails to pay him or her as per the agreement, then supplier should consider consulting project owner concerning this issue. In case, discussions are not fruitful within the six months, supplier should consider filing case in the court. Mechanics lien can only be applicable only if supplier sues contractor in time. There are various techniques, you as a contractor may apply to prevent yourself from encountering these problems.
Ensure that subcontractors together with suppliers are paid. This can be boosted in the manner which you write checks. Checks to contractors can only be written in such a way that they can be cashed after they are endorsed by suppliers. This is an important strategy that you can use so as to make sure that suppliers are paid, hence avoiding difficulties.
Paying supplies, subcontractors and contractors personally is also a workable method. However, you will have to do some calculations well otherwise you may mess up. Correct calculations will enable you deduct correct amount from generally contractors so as to pay subcontractors and even suppliers the right amount. This method is tiresome and very demanding. This is the main reason why it is rarely used.
Another method of evading liens is by choosing to work with general contractors, who have acquired lien waivers from service providers they are supposed to pay. For this case, homeowner should instruct contractor to provide waiver immediately after payment for a given service, before further payment is made.
As home owner, you need to protect yourself by keeping all paperwork and receipts you acquire from suppliers, contractors and subcontractors. It is true that some suppliers may cheat of not being paid. These documents will help do accurate referencing meaning you will be able to different those who have been paid and those who have not.
There are many reasons why this mechanics lien is allowed. Liens are intended to ensure that work owners do condone irresponsible behavior of contractors. They are also intended to force homeowners to sue contractor hence recovery of money. However, this is only possible if correct procedure is followed. This procedure is a bit complex and it is important to remain patient throughout the process.
Suppliers need to be patient and knowledgeable when dealing with mechanics lien. This is owing to the fact that entire process is complex. Correct procedure ought to be followed. Correct documents must be available and also submitted to right people. To carryout process successfully suppliers must know; project location, project type, work they did and contract amount. Procedure, which suppliers ought to follow so as to successful is discussed below.
It is important for supplier to inform project owner on kind of goods, he or she supplies. This information must be revealed to homeowner in the first thirty days after delivery. If contractor fails to pay him or her as per the agreement, then supplier should consider consulting project owner concerning this issue. In case, discussions are not fruitful within the six months, supplier should consider filing case in the court. Mechanics lien can only be applicable only if supplier sues contractor in time. There are various techniques, you as a contractor may apply to prevent yourself from encountering these problems.
Ensure that subcontractors together with suppliers are paid. This can be boosted in the manner which you write checks. Checks to contractors can only be written in such a way that they can be cashed after they are endorsed by suppliers. This is an important strategy that you can use so as to make sure that suppliers are paid, hence avoiding difficulties.
Paying supplies, subcontractors and contractors personally is also a workable method. However, you will have to do some calculations well otherwise you may mess up. Correct calculations will enable you deduct correct amount from generally contractors so as to pay subcontractors and even suppliers the right amount. This method is tiresome and very demanding. This is the main reason why it is rarely used.
Another method of evading liens is by choosing to work with general contractors, who have acquired lien waivers from service providers they are supposed to pay. For this case, homeowner should instruct contractor to provide waiver immediately after payment for a given service, before further payment is made.
As home owner, you need to protect yourself by keeping all paperwork and receipts you acquire from suppliers, contractors and subcontractors. It is true that some suppliers may cheat of not being paid. These documents will help do accurate referencing meaning you will be able to different those who have been paid and those who have not.
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