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What is a Mechanic’s Lien?
When an individual performs work, he or she deserves to be paid. The law provides myriad remedies for someone who performs work and is not compensated as promised. A person who performs work and doesn’t get paid can file a lawsuit for breach of contract or theft of services. Unfortunately, sometimes it can be difficult for the worker to go through this legal process and there is no guarantee of the outcome when a case is filed.
In certain industries, a worker gets added protection and has an additional and powerful tool to recover payment for work performed. This tool is called a mechanic’s lien, although it can also go by other names including a construction lien. A mechanic’s lien allows a mechanic to acquire an ownership interest in a car that he does repair work on if the repair work is not paid for. A mechanic’s lien does not just apply to a mechanic, but it also applies to other people who do work to build, repair, or improve a property.
A mechanic’s lien is a powerful tool for people in the construction and home improvement trade, but homeowners face significant risks associated with mechanic’s liens. If you are working in the building trade or if you are constructing a home and you need help understanding mechanic’s liens or dealing with an assertion of lien rights, you should have an experienced Las Vegas business law representing you. Pintar Albiston, LLP attorneys have extensive experience with cases involving mechanic’s liens and we can provide you with the legal help and advice that you are looking for.
What is a Mechanic’s Lien?
A lien is an ownership interest in property. A lien can be obtained for many different reasons. For example, if someone does not pay taxes, a tax lien can be obtained on his property. If someone does not pay a debt, the creditor can go to court and get a lien against the debtor’s property. In most cases, there are multiple legal steps associated with getting a lien, such as first getting a judgment and then getting a lien to enforce it.
A mechanic’s lien or a construction lien is a specific type of lien that applies when someone does work to fix a vehicle, or to fix, improve, or build real property. A contractor or a subcontractor who performs any type of remodeling or home improvement work or who builds a house can assert lien rights if not paid for the work performed to do the improvements. The lien will give the home improvement professional an ownership interest in the house or property.
A homeowner is at risk due to mechanic’s lien rights, because subcontractors can assert their rights and get a lien even when the homeowner has paid the primary contractor. There are ways that a homeowner can protect himself, such as by getting a waiver before making payment or by paying subcontractors directly.
Pintar Albiston, LLP can provide assistance to those in the building trade who have not been paid and why want to assert their lien rights, and can represent homeowners who are concerned about their potential liability as a result of mechanic’s liens. Call today to learn more about how a Las Vegas business litigation lawyer can help with legal issues related to a mechanic’s lien.