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Need To Know What Kind Of Lawyer I Need Pls

Discuss anything relating to Consumer Law

Need To Know What Kind Of Lawyer I Need Pls

Postby Behellagh » Mon May 12, 2014 10:48 pm

need the roof redone.   want a way to ensure there are no liens put on property, especially if they fail to pay the workers.

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Need To Know What Kind Of Lawyer I Need Pls

Postby Jancsi » Sat May 17, 2014 10:46 pm

Look for a contract lawyer familiar with the building construction industry. But understand that it may not be possible to completely prevent mechanics liens being filed by unpaid subcontractors. A lot will depend on exactly how your state's law is written in that regard. The best protection against this in most states is to require the general contractor to have both peformance and payment bonds. The former helps ensure that the contractor will see the work through to the end, the latter ensures that the subcontractors will get paid if the general contractor fails to pay. Of course, doing that is likely to increase the cost of the job as the contractor will add the costs of those bonds to the contract. For a regular roof project on a home, that may be overkill. 
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Need To Know What Kind Of Lawyer I Need Pls

Postby Onslowe » Mon May 19, 2014 10:45 pm

oldbat:need the roof redone.   want a way to ensure there are no liens put on property, especially if they fail to pay the workers.

Look for a lawyer in your state who practices in real estate law or construction law, and ask about his or her experience with mechanics' lien issues.

I took a look at the SC mechanics' lien law, and it seems a bit quirky to me.  The good news seems to be that the contractor's subcontractors and materials suppliers can only place liens for the amount you still owe the contractor under your contract with him, so if you pay the contract amount in full you should be safe from them.  The bad news seems to be that there is an exception for "individual laborers when the amount of their lien is less than two thousand dollars."

Sounds like that could, in theory, mean that if he had a crew of 10 guys working on your house, each of whom put in 100 hours at $15/hr, and never paid any of them a dime, your house could end up with 10 liens worth $1,500 each even though you paid the contractor in full.

Maybe you can get some protection by choosing a contractor with a surety bond that covers his obligation to pay his workers?

Good luck, and maybe your best protection is simply to hire a contractor with a long history in your area and a great reputation.  If your house is neither huge nor complicated, a roofing job shouldn't expose you to too much risk of runaway costs, unless the contractor is an actual crook.
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Need To Know What Kind Of Lawyer I Need Pls

Postby Whelan » Wed Jun 04, 2014 7:37 am

Any general legal counsel can look at the contract they want you to sign.  

However, nothing can prevent a lien 100% especially if YOU don't pay.
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