Overturning and Protecting Mechanics Liens For Construction Projects

The economy has gradually been moving in a direction that has enabled the construction industry to pick back up. New homes are being built and improvements on the existing ones are being contracted too. Mechanic’s liens play a crucial role within this process. Though most people are not aware of what these liens are about, they play a vital role in most of the construction projects. Due to this, it is imperative for the contractors and homeowners to understand how Mechanics Lien works.

Mechanic’s liens have been functional in US since its founding, and they are an important resource in stimulating the construction related projects. Ohio mechanic’s lien law, however, are fluid in a way. The need perhaps arises for the contractors or homeowners to take steps to protect or overturn a lien, respectively. This perhaps at times requires legal assistance, but it is a small price to pay to make sure the construction project is handled very effectively.

What Mechanic’s Lien Is About?

Mechanic’s liens are basically liens that are placed on the property by suppliers, contractors and subcontractors. Such liens in effect make sure that engineers, workers and other crucial characters involved in the construction process will be able to get their payment once their work is completed on a property. A lien enables the claimant, also called as the lienor, to collect their owed money and oftentimes even force the sale of a home to do so. It is imperative to remember, nevertheless, that these liens are useful for everyone.

It is obvious why the mechanic’s liens are useful for the contractors. Contractors make sure that they are paid by the homeowners, and contractors can ensure that they are paid even if the general contractor or homeowner fails to pay them. Homeowners, on the other hand, greatly benefit too. These liens allow construction projects to go ahead without an otherwise full upfront compensation. This can be quite beneficial for anyone who is involved in the construction project.

Overturning Mechanic’s Liens

The best approach to fighting a mechanic’s liens is to make sure that one is never placed over the property. This can be done by easily acquiring releases of lien from suppliers and contractors before making any payment on work that is to be performed. In case partial payments are to be made, then partial payment releases should also be obtained.

Protecting Mechanic’s Liens

Contractors have fortifications against all those who intend to file bankruptcy to keep away from paying their lawful debts. If the homeowner is just trying to get the work done for free, the courts can oftentimes help. If bankruptcy is to be filed, automatic stays can be applied to any foreclosure procedure that comes up or is already in process. This indicates that the claimants cannot opt for their owned share in court.

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