How To Remove A Recorded Mechanic’s Lien Upon Your Home

If your home has had a recorded mechanic’s/contractor’s lien and you want to remove it, check first to see if the required preliminary notice has been given to you, if the lien claimant has recorded the mechanic’s lien in a timely fashion, and if a lawsuit to foreclosure on the lien has been filed. An invalid lien creates problems for the refinance or sale of the home.

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Legal Options Available to Homeowners Who Use an Unlicensed Contractor

If a unlicensed contractor does a job for a consumer — be it a remodel or some other improvement– where the costs of the services and the materials exceed the threshold amount (typically $500), the homeowner is not obligated to pay the unlicensed contractor for services and materials rendered. The state licensing board which oversees the building and construction iondustry in your state could bring an action against the unlicensed contractor and impose penalties for working without a required license.

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Suing Your Home Construction Contractor or Builder for Construction Defects

A homeowner can file a lawsuit against a home builder or contractor (licensed or not) for a defect in an improvement. The written contract controls the obligations owed to the homeowner by the licensed contractor and vice versa in the absence of conflicting state law. Different claims and causes of action that a homeowner could bring against the contractor depends essentially upon the factual progress of the work of improvement such as delays, defective construction, invalid mechanic’s liens, improper charges, and failure to obtain required permits, inspections and certificates of improvement.

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New Home Warranties

Because most homeowners aren’t in a position and don’t have the knowledge to ensure that every aspect of their new home build is done properly, the obligation falls on the builder to ensure that the property meets basic minimum standards so that it is habitable and reasonably well constructed. As such, most states require some type of new home warranty to be provided. In addition, many builders will provide written warranties as part of construction contracts to inform homeowners of their warranty rights and which may expand upon the protections offered by state law.

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