Nd Mechanics Lien

Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid. Property owners need to be aware of the process so they can avoid financial and legal pitfalls.

If a license is required for the work performed, an unlicensed contractor NOT ONLY cannot file a valid mechanics lien, but s/he also cannot file suit to recover, either. In California, unlicensed contractors are not entitled to be paid period for anything, and will be thrown out of court if they sue to get paid.

While they don't require lien filings to be notarized, they do require a lien filer to jump through various other hoops that, if not done properly, might cause your filing to be rejected or invalidated: Delaware.

In Florida, an unlicensed contractor will not have the right to file a lien if licensure is required for the type of work performed. If no license was required for the type of work performed, then being unlicensed will not prevent a claimant from filing a valid lien.

To enforce the lien, the contractor must file a lawsuit within 90 days from the date of recording the lien. If this deadline is passed, the contractor may not be able to enforce the lien and may be required to remove the lien.

The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.

First of all, you can sue your contractor for breach of contract, even without a written contract, and she can sue you as well.See Nolo's article, "Breach of Contract Cases in Small Claims Court," for more on this. However, an alleged oral contract does create difficult evidentiary questions for the judge.

The people who can file mechanic's liens are identified by state law. A subcontractor or supplier to a subcontractor may not be able to file a lien. Also, unlicensed contractors are often barred from filing a mechanic's lien.

Step 1: Send a Notice of Intent to Lien. Step 2: Prepare your North Dakota lien form. Step 3: File your North Dakota mechanics lien. Enforce or release your mechanics lien.