the right of a craftsman, laborer, supplier, architect or other person who has worked
upon improvements or delivered materials to a particular parcel of real estate (either
as an employee of the owner or as a sub-contractor to a general contractor) to place
a lien on that real property for the value of the services and/or materials if not
paid. Numerous other technical laws surround mechanic's liens, including requirements
of prompt written notice to the owner of the property (even before the general contractor
has been tardy in making payment), limits on the amount collectable in some states,
and various time limitations to enforce the lien. Ultimate, last-resort enforcement
of the mechanic's lien is accomplished by filing a lawsuit to foreclose the lien
and have the property sold in order to be paid. Property owners should make sure
that their general contractors pay their employees or subcontractors to avoid a
mechanic's lien, since the owner could be forced to pay the debts of a general contractor
even though the owner has already paid the contractor. If the worker or supplier
does not sue to enforce the mechanic's lien, he/she may still sue for the debt.
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