Humans always have the intrinsic need to protect ourselves from any harm. Physically, we do not have anything that can protect us from the forces of nature. Our body hair is not thick enough to ward off the cold. Our nails and teeth are not sharp enough to be weapons against adversaries. Even our size is not really an advantage in the wild. It can even be considered as a hindrance to our speed. However, what we have is our intellect and we have used it for a long time. Now, that we are the dominant species we now protect ourselves from a different kind of threat: other people.
Our human nature is inherently good, according to the philosopher Jean-Jacques Rousseau. It is just the circumstances that made us evil. Read more about it here: http://www.the-philosophy.com/rousseau-philosophy-summary
Our choices are influenced by outside forces, but we are actually good on the inside. There is still a debate on whether this is true or false, but it states one thing: some humans are just there to be adversaries for others. It can be as heinous as killing other people just because of who they are. Also, it can be seemingly harmless yet devastating as not being paid for a service done.
Unfortunately, this seems to be the norm for many industries specifically in the construction field. There are a lot of cases wherein property owners would just abandon the project and leave the contractors unpaid. Similarly, a subcontractor might be unpaid because the primary contractor left without finishing the job. This can lead to losses with the parties who were unpaid and can affect the employees and the whole company itself. It can even lead to foreclosure in some cases. If you are a contractor or subcontractor, what can you do to protect yourself from this kind of atrocity?
A mechanic’s lien can be enforced in order for you to get the payment that you deserve. A lien is like a binding contract: it can be taken into effect way before a project starts. The mechanic, in this case, does not just refer to automotive mechanics. It can refer to anyone who has done any work or alteration with a certain property. With this mechanic’s lien, everybody gets what they want. The property owner gets the service he has to pay for and the contractor can receive the payment according to the service done. There is a lot of nuances in this kind of ruling, so you need to study it first with your lawyer before enforcing it with your deal. Click here to read more.
This doesn’t just make sure that payment has been made. It also ensures the trust of the parties involved especially the property owner. Once a property still has a mechanic’s lien enforced, it can be difficult to be sold to any buyer. The property owner needs to go back to his or her contractor and pay the amount needed. Then, their attorney will give the notice to release the lien once payment has been made. This agreement makes sure that the owner is involved with the transaction and knows what he or she is actually doing.
There are a lot of firms which offer this kind of service to contractors and subcontractors. However, you also need to check whether the rules regarding mechanic’s lien is the same with other states. A mechanic’s lien in California for example, contractors need to serve a preliminary notice within 20 days before the actual labor. You also need to record parts of the transaction in order for you to study. There is a lot you need to learn and you better learn it fast in order to protect yourself and your business.
There is nothing wrong with taking legal action against the people that are disrespecting you. Getting a mechanic’s lien is not a sign of paranoia: you just need to support the needs of yourself and your family. Taking a mechanic’s lien might force you to spend for a lawyer and processing of papers but it is so worthy as you can probably get it back. It may not be soon, but someday you bear us our faces.
