Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Construction & Renovation

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-09-2007, 06:18 PM
Junior Member
 
Join Date: Jul 2007
Posts: 5

Mechanic's Lien issue


Renovation of an apartment was underway when it was determined that the contractor was overcharging the land owner and not accounting for monies that were paid to him (contractor)

Contractor was subsequently fired shortly thereafter. Contractor filed a Mechanic's lien on said property for $4000.00

It is of great interest to know that this particular contractor was not licensed to do Contracting work in the State of New York and therefore, under the law, is not allowed to file a Mechanic's Lien.

I am sure to this day, he remains unlicensed.

A hearing in small claims court commenced. The Land owner won the case and a judgement in the amount of $2000.00

Soon after, the contractor filed his own case against the land owner, and Resjudicata was claimed. Contractor was a no-show at the hearing, and the land owner won by default.

What remains is the Mechanics Lien which is and still on record at the country clerks office.

The Bond expires next month and we were told to let it die, unless it is renewed by the contractor, which is always possible. If it dies, is a court order necessary to permanently remove it from record in the Supreme Court? Not only that, is the Premium on the bond still in play?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:44 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.