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To: spunkets

Did you even read the California statement?
The home is ultimately responsible.


18 posted on 12/10/2007 7:20:01 AM PST by svcw (There is no plan B.)
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To: svcw; spunkets

It’s the same in Missouri. You, the homeowner, are responsible if the contractor does not pay either the sub or for supplies UNLESS the sub and suppliers sign a form releasing the homeowner. I know from experience. Had a bogus lien filed on us, so I found the statutes. We had the lien taken off. It was a beeyotch though. He never filed a lawsuit to get a judgment (he knew it was bogus) but it tied up our title for a while. He had six months from filing the lien to file a suit and the lien becomes invalid. It still is on record as being filed and will screw up a re-fi or sale. Had we had the money, we’d have sued the pants off him for that.


19 posted on 12/10/2007 8:46:45 AM PST by gopheraj
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To: svcw
"Did you even read the California statement? The home is ultimately responsible."

I read it and realized something was missing. As, I said, a contract with the subcontractor is required. Read the following link. It explains that you have to sign off on that type of arrangment. That notice that the lien will be placed requires your signature before the work can begin. The sign off allows the lien to be placed and serves the purpose of a contract with subcontractors and suppliers. Notice also, that a joint check can be issed that will negate any sub, or supplier's right to stick that lien on.

I've had work done on commercial property in CA and refused to sign it for all, but one plumbing supplier and included with that doc an attachment that listed the specific items that could only be covered. A lien could not be placed by any other subcontractor, or supplier working on the project. That way a sub can be tossed and not payed for attempting to pass off shoddy work, no work, over billing, not paying their bills, ect...

Generally, when one is buying a house, their atty and title co take care of these things. If one is hiring contractors, they should be careful and not involve second parties, such as general contractors. Doing so keeps the project costs down. They should also be very careful about what they are contracting for. If it's to fix a problem. the contract should cover fixing the problem, not contracting to have specific work done, that the sub thinks will solve it. WHen the contract's written that way, one could end up paying for a bunch of worthless opinions.

21 posted on 12/10/2007 11:43:24 AM PST by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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