PENNSYLVANIA MECHANIC S LIEN LAW With Changes Made in Section Contents Pre-lien Notice(s)
|
|
- Darcy Miller
- 6 years ago
- Views:
Transcription
1 PENNSYLVANIA MECHANIC S LIEN LAW With Changes Made in 2013 Section Contents Pre-lien Notice(s) Name of Notice Who Must Use This Notice When How to Serve Verified or notarized? Section Contents Mechanic s Lien Who is Entitled to a Lien? When to File/Record Where to File/Record How to Serve Amount of Lien Property Subject to the Lien Furnishing Information Verified or Notarized Priorities Lien Release Bond Miscellaneous Issues Section Contents Lawsuit to Foreclose Lien Introduction When Where to File Arbitration Need a Lawyer? Page 1 of 17
2 General Notes Be Careful: The courts consider a mechanic=s lien to be a privilege and not a right. You receive its benefits only if you strictly adhere to the state law requirements. Bottom line: miss a deadline by one day and you have lost it. Unlike other areas of the law where you can argue equities, find technical exceptions, and lawful excuses, there is no forgiveness here. In this case, knowledge is not only power, it=s a necessity. In Pennsylvania this means you will be writing down dates for at least these documents: a) Subcontractor s Formal Notice of Intention to File a Mechanic s Lien; b) either the general contractor s or subcontractor s mechanic s lien; and c) the lawsuit to foreclose the mechanic s lien. Write down all the deadlines in your calendar. Use a highlighter or red pen. If you have a staff, use a Afail safe@ system by doubling up and putting it in their calendar also. This reminds you twice. The first calendar entry should be two weeks before the due date as a preliminary reminder. On the second calendar entry, do a white lie to yourself. Put the due date as one week before it is actually due as insurance in case you get busy or need legal advice. Time is money. You will waste a lot of valuable time running around and doing it at the last moment, as opposed to doing it early. Proposed Mechanic s Lien Law Changes The legislature in the Commonwealth has been quite busy of late. Specifically, in 2011 H.B was introduced and it has been working its way through committees, both in the house and senate, but some very substantial changes to mechanic s lien law. Everyone should pay strict attention because of the major changes that could occur. As of yet, it is not law, but been many practitioners foresee it will be enacted some time in Here is an outline of the proposed changes: State Construction Notices Directory: This will be similar to what has been enacted in Utah. The state will design an Internet site where various notices (including the notice of Commencement and Notice of Furnishing) will be filed online and available for everyone to view. Reasonable fees will be charged. Once the documents is filed, there will be a hardcopy printed as a receipt. Especially if you are a sub or supplier, pay attention to this registry because if a Notice of Commencement has been filed, you will be required to file a Notice of Furnishing within 20 days of first furnishing labor or materials. Fortunately, there will be an index by county and searchable by owner s name, general contractor s name, and property address. Page 2 of 17
3 Notice of Commencement: The owner made (not required and is merely an option) file a Notice of Commencement with the registry. This will be done pursuant to a standardized form. It gives all relevant information so a sub or supplier can file his or her Notice of Furnishing. Additionally, the Notice must be posted at the site and the owner must take reasonable steps during construction to make sure it remains posted and available for view. Notice of Furnishing: As many may recall, in 2007 the legislation dispensed with the preliminary notice called Subcontractor s Preliminary Notice. It is now back as a requirement. It is now called a Notice of Furnishing. This Notice will also be filed with the registry and is required only if a Notice of Commencement is filed with that same registry. Make sure you search the registry on a regular basis to see whether not the Notice of Commencement was filed. It is our recommendation, regardless, that you go ahead and serve automatically the Notice just to be safe. The Notice must be filed with the registry within 20 days of first furnishing your labor or materials. In addition, it must be served by certified mail on the owner within that time period. It will be in the form prescribed on the Internet. You may serve in late, but you can only file a mechanic s lien for the unpaid services within 20 days of service and thereafter. Note that you must also follow existing law and serve a notice of intent to lien within 30 days before the recording your mechanic s lien. Mechanics Lien: If the law is approved, there will also be a change in the timing of recording a mechanic s lien. It must be recorded within four months, not six months, of completion of your portion of the work. It will not be recorded with the registry but will be filed with clerk of the county Court of Common Pleas. Costs of Construction Defined: Although uncertain whether this will be in the final draft, there has been expansion of what can be included in the mechanic s lien. For example, there is some talk of broad language to cover insurance, professional fees, and even commissions. Subcontractor s/supplier s Lien on Residential Property: Probably the most significant change is the ability of owners to cut off completely the right of a subcontractor or supplier to record the mechanics lien. Most construction attorneys, and National Lien Law, find this to be ill-advised, but we still have to deal with this reality if enacted. Thus, as to residential property either owner-occupied or intended to be owner-occupied, once the owner pays the general contractor in full, a Page 3 of 17
4 sub/supplier is not entitled a file mechanic s lien, even though those monies do not filter down to them. Existing Mechanic s Lien Law PRELIEN NOTICE This state requires a Notice be sent out before the mechanic=s lien is filed/recorded. For simplicity, this notice will be referred to as a APrelien Notice@. The basic information on this Notice is as follows: Name of Notice: Subcontractor s Formal Notice of Intention to File a Lien Who Must Use These Notices: All subcontractors, laborers, and material/equipment suppliers who do not have a direct contract with the owner and, instead, have a contract (oral or in writing) with the general contractor. For example, if a subcontractor, laborer, or supplier has a direct verbal or written contract with the owner, that person or entity is not required to give the Notice. In most states, a mechanic s lien is allowed for any claimant who confers labor, materials, or equipment to the job site, regardless of where they are on the hierarchy or tier. For example, in those states, it is allowable for a sub-sub-sub to have a mechanic s lien. However, Pennsylvania is different and allows liens only for persons that are in the first, second, and third tier. This means a lien is allowed for: general contractors, subcontractors, and sub-subcontractors only, defined as follows: First Tier (General): The person that has a contract with the owner (written or verbal) which can be a general contractor, subcontractor, supplier of material or equipment. Second Tier (Sub): A person that has a contract with the first tier company, which can be either a subcontractor or material/equipment supplier. Page 4 of 17
5 Third Tier (Sub-Sub): A person that has a contract with the second tier company, which can be either a subcontractor or material/equipment supplier. Prior to the new laws enacted in 2007, a sub-sub (a subcontractor having a contract with another subcontractor) or the material supplier to a sub (a supplier having a contract with a subcontractor), and all other persons in lower tiers, could not file a mechanic s lien. In 2007 that was changed as described above. But be careful in not ruling yourself out. On the other hand, Pennsylvania is very liberal in defining who can be in each of the tier groups. The term contractor is defined (Pennsylvania Consolidated Statutes, Section 1201(4)) as general contractors, subcontractors, laborers, superintendents, truck companies that haul materials, as well as material and equipment suppliers. The only requirement is that these persons or companies have a direct contract with the owner, whether written or verbal. Subcontractor (Section 1201(5)) is newly defined in 2007 as the persons who have a contract with the general or another subcontractor. So, for example, if a homeowner is referred by the general contractor to a supply house to buy finished plumbing fixtures and buys them directly, that supply house would be considered a first tier contractor. The wholesale company that supplies that plumbing fixture firm would be a materialman to a materialman and entitled to a lien because they are both within the second tier. Another example: assume the owner has a direct contract with a subcontractor--pool company ( A ). Because of the direct contract with the owner, the pool company is considered a general contractor or 1 st tier. A then subs the concrete deck work to Company B. In turn, B subs the drainage and retaining walls to Company C. Although C is really a sub-sub-sub, it is still entitled to a lien. In other words, ignore whether a person has a general or subcontractor license and simply think in terms of the two tiers. The Sub s Formal Notice of Intent to File a Lien applies to any kind of project, whether by way of repair, alteration, or new construction residential or commercial. Page 5 of 17
6 In 2007, a major change occurred as to a form called the Sub s Preliminary Notice. This was a required Prelien notice for all subcontractors who were performing alterations or repairs. This was not clearly defined. It appeared the notice was required for work done to an existing structure, including such examples as: 1) repairs, 2) remodeling a bathroom or kitchen, 3) adding on a room, or 4) the demo and replacement of a new HVAC system. What was clear is that new construction would not require the notice. The notice was required for residential and commercial projects. The problem with the Preliminary Notice is that it had to be served before the subcontractor had completed its work. It caused nothing but problems because it was served too early at a time in which the general was still processing payments. It was somewhat embarrassing to send out a notice before the general contractor was to make the final payment. As a result, many subs simply did not serve the Notice of all and later got in trouble when they attempted to perfect their lien. The legislature finally wised-up and realized this was an ill-advised and unnecessary form. As of January 01, 2007, subcontractors no longer need to serve the Sub s Preliminary Notice. The Sub s Formal Notice of Intention, still required to be served, is more serious and is given 30 days before actually filing the mechanic s lien. It is usually later in the project when it becomes apparent you are not going to be paid and are giving a warning shot to the owner that a mechanic s lien is coming. This form is required before filing a mechanic s lien. In turn, the Sub s Formal Notices of Intention are in two formats: 1) at a time in which your mechanic s lien has not yet been prepared; and 2) at a time in which you mechanic s lien has actually been prepared. In other words, the first form tells the owner that you may in the future prepare and file a mechanic s lien. The second form tells the owner that you have already prepared it, are attaching a copy, and plan to file that very same copy if payment is not made. In lieu of serving a Notice of Intention, you can send out a copy of the mechanic s lien itself, but it must be filed with a statement that you intend to file it in the future. It is much easier and safer to use the formal Notice of Intention form with a copy of the mechanic s lien because of the danger of Page 6 of 17
7 not using the right language if you were simply to send the mechanic s lien form by itself. Remember, if you do not do things strictly by the book, you will lose your mechanic s lien rights. When: How to Serve: Verified or Notarized?: See Time Deadlines table. Serve by certified mail, return receipt requested. Only an adult may serve these notices by mail. It is recommended that you have a process server deliver the preliminary notice, and if the whereabouts of the person is not known, then you can post the notice in a conspicuous public part of the job site. A verified notice simply means you sign it and are representing the contents are true and accurate. A notarized notice is signed in front of a Notary Public or other official. The forms do not have to be verified or notarized. Merely signing them is sufficient. MECHANICS= LIENS Who is Entitled to a Lien: A mechanic=s lien is primarily for general contractors, subcontractors, laborers, as well as material/equipment suppliers. However, as described in the above section titled, Who Must Use These Notices?, liens are only allowed to generals, subs, and suppliers who are in the first three tiers. All others, even though they contribute in a valuable sense to the improvement, are excluded. Architects and engineers are entitled to a lien if they: 1) have a direct contract with the owner; and 2) in addition to preparing drawings, specifications and contract documents, they also provide additional services such as supervision of construction. In the AIA trade, this is referred to as contract administration. In other words, an architect or engineer who visits the site on a regular basis and reviews matters to see if the plans and specifications are being met. A lien is also available to persons or companies involved with demolition, excavation, grading, filling, paving, landscaping, furnishing and installing fixtures, machinery, appliances, and equipment; and furnishing, excavating for or installing rails, tires, pipes, poles, and wires. Page 7 of 17
8 When to File/ Record: Where to File: How to Serve: See Time Deadlines table. Unlike most states in which a mechanic s lien is filed with the county recorder, Pennsylvania requires the liens to be filed with the court with the Court of Common Pleas in the county in which the project is located. Make sure you use the standard cover letter supplied by the court (you can find it on their website or get it in person). After filing the mechanic s lien, the claimant must serve the owner with a Notice of Filing of Mechanic s Lien Claim, informing the owner that the mechanic s line has been filed and referring them to the court term, number, and date of filing with the court. This form is included in your purchase of a mechanic s lien. Unlike the preliminary notices, this should not be done by certified mail. Instead, it is recommended it be personally served. This can be done by the Sheriff s office (the clerk, for a fee, will forward the papers to their office if you ask) or a private process server. If service cannot be made, the notice may be posted upon at conspicuous place on the job site. The Notice of Filing of Mechanic s Lien Claim has attached to it a file-endorsed copy of the mechanic s lien. To be safe and toeliminate disputes, the person filing the claim should not personally serve it look in the Yellow Pages of your telephone book under Process Servers so an independent third party can serve same. The notice on the owner that a mechanic s lien has been filed must be served within one month of the filing. An Affidavit of Service of this notice must be filed with the court within 20 days after that service. Failure to serve the Notice of Filing Mechanic s Lien or the affidavit with the court within these time limitations can be grounds for voiding the lien. Steps to take: To eliminate confusion, here is a step-by-step guide to follow: Step 1: Within the time and parameters, file the Mechanic s Lien Claim in the clerk s office of the court of common pleas in which the project is located. Be prepared: Pennsylvania is the most expensive state for filing. Also enclose an official court cover sheet (you can get this from the clerk s internet site or by going in person).this can be done either in person or by mailing the original form with an additional copy and a self-addressed return envelope. Call before and make sure you include a check for the exact fee. Page 8 of 17
9 Step 2: Personally serve both the attached Notice of Claim and the file stamped Mechanics Lien Claim on the owner (if a sub, you may but are not required to serve the general contractor) within one month of filing. This can be done by the Sheriff s office, but it is traditionally slow and expensive. It is recommended you use a process server (look in the yellow pages). Make sure the copy of the mechanics lien you serve has the court file stamp on the top right hand side. Step 3: File with the clerk of common pleas the Affidavit of Service of Notice of Filing of Mechanic s Lien Claim with a copy of that Notice attached. In other words, you will be filing both the Mechanics Lien and Notice which shows the clerk you not only recorded the lien but gave the owner a formal notice. This must be done within twenty days of the service by the process server. Amount of Lien: Property Subject to the Lien: Primarily for unpaid labor, material, and equipment supplied. Also includes the lost profits on the work performed. In other words, the claimant gets not only the actual cost of the labor and materials conferred, but also the profit and overhead. Change order work can also be included in the lien. However, the lien is not available for lost profits on other jobs, impact damages, or delay damages caused by breach of contract. Examples of these damaged would be increased interest on lines of credit, overtime, and the like. The lien is allowed only for claims exceeding $ A mechanic=s lien applies only to private projects. No lien is allowed on public projects against government property. Obviously, the lien applies to the structure being improved, together with fixtures, appliances, and equipment installed on the property. Thus, the property subject to a lien covers the improvement, the land directly underneath it, as well as the lot or acreage adjacent to it and belonging to the same owner. However, the acreage around the improvement is subject to a lien only if it is reasonably needed for the general purposes of the improvement. Thus, a parking lot adjacent to the structure, a road or a bridge which is needed for the beneficial use of the improvement would be covered. That acreage must also be a part of the business or the residential area being improved. Page 9 of 17
10 If you are doing tenant improvement work, the lien only applies to the tenant s interest and not the owner s. However, if the owner, by written contract, states that the work being performed is for the immediate use and benefit of the owner, then the lien will also be against that owner s interest. This is a gray area and you should consult competent legal counsel for more details. Furnishing Information: Verified or Notarized?: Priorities: Lien Release Bond: Upon request, the general should furnish others with information about the owner so the required notices and lien can be filled out properly. A verified notice simply means you sign it and are representing the contents are true and accurate. A notarized notice is signed in front of a Notary Public or other official. The mechanic s lien is not required to be verified or notarized. It can simply be signed by the claimant or his or her attorney. In the case of new construction or additions, all mechanic s liens (the claimants are treated equally) become effective as of the date of visible commencement of the work, which would include such matters as grading, grubbing, staking, trenching, etc. In the case of alteration or repair of existing structures, the lien takes effect separately as to each claimant as soon as they file their individual liens. As to the latter, it would appear that the first persons to file their liens would take priority over other contractors or suppliers. If there are mortgages, encumbrances, or judgments already on record prior to starting the work or the date on which a mechanic s lien was filed, they would take preference over the contractor. As to construction lenders on and after 1/1/07, they would take preference over a mechanic s lien claimant. The owner can go to court and have the mechanic s lien released by either: (1) depositing in cash with the court the amount of the lien claim(s); or (2) purchasing a surety release bond from a licensed bonding company for double the amount of the mechanic s lien claim(s) or a lesser amount, as the court may approve. This then takes the lien off the property, but the parties must still litigate the action in court to determine how much is owed. If the contractor later prevails in court, he/she will collect against the bond. Page 10 of 17
11 Miscellaneous Issues: Notice of Completion: There is a way for an owner or general contractor to speed up the time in which a subcontractor must file it s lien. The owner or general contractor can file a rule (like a court order) notifying and requiring that a subcontractor file it s mechanic s lien within 30 days. If this is not done, the lien claim is barred. However, this can only be done after completion of the work by the subcontractor. Subdivisions: Assume that a painting contractor has a contract to paint interior and exterior portions of 50 homes in a subdivision under one contract. Can a contractor file a single lien? No. The contractor must file separate claims for each separate residential unit. The amount of each claim is determined by dividing the total debt by the number of residences in the subdivision, unless the contractor has specific records as to how much is owed for each unit. For example, if $30,000 is owned on six of the remaining residential units, unless specific accounting is available, you would file a lien for $5,000 on each of the six units. Selling the Property Before the Filing of a Lien: Preliminary Objection: If the owner sells his or her property to a new owner before the filing of a mechanic s lien, that lien can be later filed against the new owner if there was new construction or an addition. If, instead, there was merely alteration or repair, the contractor cannot file the lien after the property is sold to the new owner. Any party, whether owner, general, or subcontractor, may go to court and object to the filing of a mechanic s lien. A common objection is that the lien claimant has not complied with all the legal formalities. Examples would be: (1) a lien filed by a third- or fourth-tier contractor or supplier; (2) a new owner who received a lien after taking title which related to previous alterations or repairs: (3) the late filing of a mechanic s lien; (4) the failure to file with the court an Affidavit of Service of the mechanic s lien upon the owner; (5) the failure of a subcontractor to serve the owner with a written notice of intention to file the mechanic s lien at least Page 11 of 17
12 30 days before the claim is filed; and (6) any other technical imperfections. The court them makes a preliminary ruling and if the facts are contested, may take evidence by deposition or otherwise. The court may also give the lien claimant the right to correct or amend the lien. Owner s Right To Withhold or Deduct Payment: An owner who has been served with a preliminary notice, notice of intention, or mechanic s lien by a subcontractor may withhold from moneys due the general contractor the amount of that lien, or may pay the subcontractor directly. This is how it works. If a subcontractor s lien has been filed, the owner holds back from the general contractor the amount of the subcontractor s lien and then notifies the general, in writing, in a form called a Notice of Retention of Funds. This form is given to the general only for subcontractor liens not if the sub merely serves a preliminary notice or notice of intention. The Notice of Retention of Funds states that unless the general contractor, within 30 days, either: (1) pays off the sub; (2) defends against the lien; or (3) posts a release bond or deposits money with the court, the owner may go ahead and pay the sub and deduct this from the next payment to the general. Or, the owner may decide to defend the case in court and charge the general with attorney s fees and costs in doing so. Remember, Pennsylvania provides that the prevailing party in mechanic s lien disputes is entitled to reasonable attorney s fees and costs. Major change as of 2009 Lien Waivers: Old Law: Mechanics Lien Laws have been around for a long time and they usually stay on the books quite a while before major revisions. Pennsylvania was in the same category enacting its mechanics lien laws in 1963 and although there were revisions thereafter, they were not considered that major. Well, Pennsylvania did it in a big way as of January 01, 2007, making a major revision to it s statutes. Page 12 of 17
13 This change had to do with lien waivers. In most states, a person would waive their right to file a lien only at the time of payment and to the extent that payment was made. In other words, you would hand someone a lien waiver in one hand and receive a payment in another. And in almost all states, it was against public policy for a contractor or subcontractor to waive their lien rights in advance of that payment. Therefore, someone waving their lien rights at the time they initially entered into a contract, and before performing their work, was considered too unreasonable and therefore rendered invalid. Not so in Pennsylvania. Such no-lien up front waiver contracts were common. The fact cannot be over-emphasized. It meant that for many projects in Pennsylvania, there was no possibility of recording a lien by the general or subcontractor. As a result, especially as to subs, they didn t bother learning the laws as to pre-lien and mechanic s liens. It got to the point that almost anyone who knew the law, including owners and general contractors, insisted that that these lien waivers be included in their contracts. All this was changed in 2007 when the legislature ended this practice. As of that date, such a no-lien contracts were allowed only in the following cases: 1. Residential projects in which the contract price is less than $1 million. 2. Residential projects, regardless of the price, if the general contractor has taken out a payment bond. 3. Commercial projects, regardless of the price, if the general contractor has taken out a payment bond. 4. Progress and final lien waivers given at the time of receiving a payment. No Lien contracts were not allowed in the following cases: 1. Commercial projects if the general contractor has not taken out a payment bond. Since this is both rare and expensive, in a practical sense, almost all commercial projects prohibit upfront waivers in contracts. Subcontractors and suppliers will be able to file their mechanic s liens. Page 13 of 17
14 2. Residential projects over $1 million if the general has not taken out a payment bond. New Law in 2009: Effective October 2, 2009 the law eliminated the $1 million residential exclusion. Now, upfront waivers are allowed for any residential project, large or small, regardless of the dollar amount. Residential projects are defined as: 1) An existing residential building not more than three stories high (for example, the typical single family dwelling), or 2) Property zoned or otherwise approved for residential development on which there will be in the future constructed a residential building not more than three stories high (for example, a lot ready for building a residence), or 3) A planned residential development for which a subdivision or land development plan has received preliminary, tentative, or final approval for the construction of residential projects no more than three stories high (for example, a planned subdivision). In determining the height limitations, you are to ignore the basement level. In other words, you can have a basement plus up to three stories above that. The legislature has also clarified what happens if the general contractor signs a contract with the owner specifying all lien rights by subcontractors are waived. Assuming such waiver is otherwise permissible (see above), there is an extra requirement giving subcontractors notice. Without proof of actual notice before start of the work, the waiver cannot be effective. Hence, the owner or general contractor has to notify the subcontractor, before the lien waiver is valid, as follows: a) before the subcontractor starts work, or b) ten days before the subcontractor signs its contract, or c) in the event the general records its contract before the work of the sub starts, or d) within ten days of the general contractor signing its contract. So watch out. General contractors, suppliers, and subcontractors can all have their lien rights waived if there is such a provision in a residential contract or in any other separate writing. For this reason, be careful what you sign. Page 14 of 17
15 LAWSUIT TO FORECLOSE LIEN Introduction: When: Your lien is not valid forever. Because it directly affects the owner=s title, it has a limited shelf life and must be enforced within a short period of time. That enforcement is done by filing a lawsuit to foreclose. Just like the time deadlines for a Pre-Lien or Mechanic=s Lien, the courts strictly construe these time limits which are called statutes of limitation. Again, if you are literally one day late, the lien is ineffectual. Within two years of the date of filing the mechanic s lien. The owner may speed up this time period at any time after the mechanic s lien is filed. The owner can require the lien claimant to file the lawsuit by service of a rule (similar to a court order) entered by the court. If the contractor fails to file the lawsuit within 20 days of service of the rule, the lien is void and judgment will be entered in favor of the owner. Where to File: Arbitration: With the Court of Common Pleas of the county in which the project is located. Many construction contracts state that all disputes will be decided by binding arbitration, as opposed to a court proceeding by judge or jury. In fact, it has long been a tradition to do so in the construction industry. Arbitration is usually quicker and less costly, especially because it cuts down on expensive discovery. The decision is final and binding, with no right to appeal. You lose your right for a jury trial, but few contractors want that in the first place. You usually pick an experienced construction attorney or retired judge to hear the case in their conference room. It is just like a court proceeding with the same general rules of evidence, but more informal. On the other hand, you can only foreclose your lien through a court proceeding, not arbitration. So, how do you keep your arbitration rights and at the same time preserve your lien rights? Simple. You bring a lawsuit to protect the lien and then immediately request the court to stay the court proceedings. When arbitration is done, you go back to court and turn the arbitration award into a judgment. Page 15 of 17
16 Need a Lawyer? In this country, every individual has the statutory right to represent themselves. This means they can prepare all necessary papers, appear at hearings, and actually try the case. In so doing, the court considers you to be acting either in pro se or pro per. Before making this decision, consider the following factors: 1. You are a professional and thoroughly know the ins and outs of not only the construction industry but of the project itself. The best lawyer on his or her best day will probably not know more than 50% of what you know. 2. How is your public speaking abilities? If you are uncomfortable speaking to a group, you will even more uncomfortable in court or arbitration. You could be the sharpest wit in town but may not be able to present your arguments. Remember, appearing uncomfortable is perceived as having deficiencies in your case. People usually think that if you are not comfortable about your own facts, then they must not be that strong. 3. If the other side has a lawyer, you might want to think twice about representing yourself. You will certainly know the facts quite well, but you may be blindsided by legal technicalities. 4. You may also want to think twice if this is a really nasty and emotional case. In other words, if the other side is going for blood. Having a lawyer can shelter you from this emotional trauma. No matter how strong you are, lawsuits are taxing not only on your time, but on your physical and emotional energies. 5. If you have a good case in which you have complied with technicalities and performed good work, you are essentially engaging in a collection action. These actions are typically very simple because there are few defenses or defects alleged by the other side. It makes it easier for you to represent yourself because it is more a question of when and how much they will pay as opposed to whether you will win at all. 6. If you have a binding arbitration provision, you may consider representing yourself. These proceedings are much more informal and the arbitrator tends to give you more leeway. There are also fewer rules and not they are usually not quite as strict. Page 16 of 17
17 7. You could consider representing yourself but get advice along the way from a lawyer. It is much cheaper that way. On the other hand, the lawyer cannot watch over every move and you might slip up. Many times lawyers can also help you with preparing the forms, simply putting your name on the pleading. You can also bring in your lawyer at the end to actually try the case. 8. Judges and courts do not give legal advice. They only help you with what forms to use. However, clerks can be invaluable in steering you in the right direction as far as where to file, time limitations, the nature of the form or pleading, etc. But, remember when it comes right down to the ultimate advice, they cannot help you. 9. Judges usually treat you the same as an attorney which means they expect strict compliance with the rules. Although some judges give you more slack, don t count on it. 10. The biggest dilemma is whether you should hire an attorney for a smaller case, typically in the $5,000 to $10,000 range. You have to watch this because you may eat up that amount in attorney s fees. You never make money on lawsuits, only lawyers do. Try to settle for the best price you can get and move on. Page 17 of 17
RHODE ISLAND MECHANIC S LIEN LAW
RHODE ISLAND MECHANIC S LIEN LAW 2018-2019 Go to: Rhode Island Mechanics Lien Forms: More Info: www.nationallienlaw.com Section Contents Pre-lien Notice(s) Name of Notice Who Must Use This Notice When
More informationLOUISIANA MECHANIC S LIEN LAW
LOUISIANA MECHANIC S LIEN LAW 2018-2019 Go to: Louisiana Mechanic s Lien Forms More Info: www.nationallienlaw.com Section Contents Pre-lien Notice(s) Name of Notice Who Must Use This Notice When How to
More informationSUMMARY OF MECHANICS LIEN LAW FOR NEBRASKA. As of 2011
SUMMARY OF MECHANICS LIEN LAW FOR NEBRASKA As of 2011 Section Contents Pre-lien Notice(s) Name of Notice Who Must Use This Notice When How to Serve Verified or notarized? Section Contents Mechanic s Lien
More informationMAINE MECHANIC S LIEN LAW
MAINE MECHANIC S LIEN LAW 2018-2019 Go to: Maine Mechanic s Lien Forms More Info: www.nationallienlaw.com Section Contents Pre-lien Notice(s) Name of Notice Who Must Use This Notice When How to Serve Verified
More informationSOUTH CAROLINA MECHANIC S LIEN LAW 2017
SOUTH CAROLINA MECHANIC S LIEN LAW 2017 Go to: South Carolina Mechanics Lien Forms More Info: www.nationallienlaw.com Section Contents Pre-lien Notice(s) Name of Notice Who Must Use This Notice When How
More informationLIEN AND BOND LAW USE IT OR LOSE IT
LIEN AND BOND LAW USE IT OR LOSE IT LIENS AND BOND LAW USE IT OR LOSE IT Page PART I: LIENS Liens Chart... 1 Overview... 2 1. How to Enforce a Lien... 2 2. Who Can Have a Lien?... 3 3. Must a Preliminary
More informationCALIFORNIA CIVIL CODE SECTION
CALIFORNIA SECTION 8000-8848 8000. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. 8002. "Admitted surety insurer" has the meaning
More informationTABLE OF CONTENTS 1.2 THE CONSTITUTIONALITY OF THE COLORADO LIEN LAW 1.3 LIBERAL CONSTRUCTION OF MECHANICS LIEN
TABLE OF CONTENTS Chapter 1 INTRODUCTION 1.1 INTRODUCTION 1.2 THE CONSTITUTIONALITY OF THE COLORADO LIEN LAW 1.3 LIBERAL CONSTRUCTION OF MECHANICS LIEN 1.4 PRIVITY Chapter 2 LIENS ON PRIVATE CONSTRUCTION
More informationIC Chapter 3. Mechanic's Liens
IC 32-28-3 Chapter 3. Mechanic's Liens IC 32-28-3-0.2 Application of certain amendments to prior law Sec. 0.2. (a) The amendments made to IC 32-8-3-1 (before its repeal, now codified at section 1 of this
More informationA Bill Regular Session, 2009 HOUSE BILL 1594
Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. Act of the Regular Session State of Arkansas th General
More informationCOLORADO , et seq.
COLORADO 38-22-101, et seq. SECTION 1. 38-22-101 (1), (2), and (5), Colorado Revised Statutes, are amended, and the said 38-22-101 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 38-22-101.
More informationCIRCUIT AND CHANCERY COURTS:
. CIRCUIT AND CHANCERY COURTS: Advice for Persons Who Want to Represent Themselves Read this booklet before completing any forms! Table of Contents INTRODUCTION... 1 THE PURPOSE OF THIS BOOKLET... 1 SHOULD
More informationCHAPTER Council Substitute for House Bill No. 1285
CHAPTER 2007-221 Council Substitute for House Bill No. 1285 An act relating to construction liens; amending s. 255.05, F.S.; requiring a performance bond for certain contracts with private entities for
More informationMECHANICS LIENS IN PENNSYLVANIA
MECHANICS LIENS IN PENNSYLVANIA INTRODUCTION For forty years, mechanics lien issues in Pennsylvania have been adjudicated by reference to the Pennsylvania Mechanics Lien Law of 1963, 49 P.S. 1101 et seq.
More informationLIENS (770 ILCS 60/) Mechanics Lien Act.
LIENS (770 ILCS 60/) Mechanics Lien Act. (770 ILCS 60/0.01) (from Ch. 82, par. 0.01) Sec. 0.01. Short title. This Act may be cited as the Mechanics Lien Act. (Source: P.A. 86-1324.) (770 ILCS 60/1) (from
More information08 LC A BILL TO BE ENTITLED AN ACT
Senate Bill 374 By: Senators Weber of the 40th and Seabaugh of the 28th A BILL TO BE ENTITLED AN ACT 1 To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia 2 Annotated,
More informationBOND AGREEMENT CERTIFICATE OF OCCUPANCY - CASH ONLY COMPLETION OF PUBLIC OR PRIVATE IMPROVEMENTS
BOND AGREEMENT CERTIFICATE OF OCCUPANCY - CASH ONLY COMPLETION OF PUBLIC OR PRIVATE IMPROVEMENTS All property owners on record with Tooele County MUST be listed as Applicants. They must each sign and have
More informationSubcontractor's Application for Payment (K201)
Notarized Original Accepted Only Bill Retention Separate Upon Completion Contract Schedule of Values (K202) Must Accompany App. Change Order Summary (K203) Must Accompany App. Subcontractor's Application
More information2010 CUMULATIVE SUPPLEMENT Chapter 11: Georgia Construction and Design Law
2010 CUMULATIVE SUPPLEMENT Chapter 11: Georgia Construction and Design Law IX Construction Liens Replace the first paragraph with the following: Mechanics and materialmen s liens are established by Code
More informationNC General Statutes - Chapter 44A Article 2 1
Article 2. Statutory Liens on Real Property. Part 1. Liens of Mechanics, Laborers, and Materialmen Dealing with Owner. 44A-7. Definitions. Unless the context otherwise requires, the following definitions
More informationWHEREAS the Legislature of the Province of Alberta has passed the Safety Codes Act, Chapter S , Revised Statutes of Alberta, as amended;
Last Revised Sept. 30, 2013 Sheet 1 5624 B/L 5848 A CONSOLIDATION OF A BYLAW OF THE CITY OF LETHBRIDGE PASSED PURSUANT TO THE PROVISIONS OF THE SAFETY CODES ACT OF ALBERTA WHEREAS the Legislature of the
More informationPERFECTING LIEN RIGHTS ON PRIVATE PROJECTS
PERFECTING LIEN RIGHTS ON PRIVATE PROJECTS Date: January 23, 2014 Allison J. Snyder Meghann McConnell Myers PORTER HEDGES LLP 1000 Main Street, 36 th Floor Houston, Texas 77002 {713} 226.6000 Tel {713}
More informationSangamon County Circuit Clerk s Office. Small Claims Court Manual
Sangamon County Circuit Clerk s Office Small Claims Court Manual Small Claims Court Manual The purpose of this guide is to explain, in simple language, workings of Small Claims Court in Sangamon County.
More informationSMALL CLAIMS MANUAL. The following information has been made available through the office of the McHenry County Clerk of the
SMALL CLAIMS MANUAL The following information has been made available through the office of the McHenry County Clerk of the Circuit Court. It has been compiled through the cooperation of the Judges of
More informationSmall Claims Court. A Guide for Claimants, Defendants & Third Parties
Small Claims Court A Guide for Claimants, Defendants & Third Parties Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit charitable organization which provides information
More informationAN ACT. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
MECHANICS' LIEN LAW OF 1963 - STATE CONSTRUCTION NOTICES DIRECTORY, FAILURE TO FILE NOTICE OF FURNISHING, NOTICE OF COMMENCEMENT AND NOTICE OF FURNISHING, NOTICE OF COMPLETION FOR INFORMATIONAL PURPOSES
More informationTAKING A CIVIL CASE TO GENERAL DISTRICT COURT
TAKING A CIVIL CASE TO GENERAL DISTRICT COURT Filing and Serving Your Lawsuit What and where is the General District Court? Virginia has a system of General District Courts. Each county or city in Virginia
More information(a) Defective material, products, or components used in the construction or remodeling;
RIGHT TO REPAIR 558.01 Legislative findings and declaration.--the Legislature finds that it is beneficial to have an alternative method to resolve construction disputes that would reduce the need for litigation
More informationSharon Doner, Manager of Civil Law Division, Polk County Clerk of Courts
Sharon Doner, Manager of Civil Law Division, Polk County Clerk of Courts What is a Small Claims case? A Small Claims case is a legal action filed in county court to settle minor legal disputes among parties
More informationCHAPTER 9 BUILDING REGULATIONS
CHAPTER 9 BUILDING REGULATIONS ARTICLE 1 BUILDING INSPECTOR SECTION 9-101: POWERS AND AUTHORITY SECTION 9-102: RIGHT OF ENTRY SECTION 9-103: INSPECTIONS SECTION 9-104: APPEAL FROM DECISION SECTION 9-105:
More information[First Reprint] ASSEMBLY, No. 410 STATE OF NEW JERSEY. 214th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
[First Reprint] ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE SESSION Sponsored by: Assemblyman PATRICK J. DIEGNAN, JR. District (Middlesex) Assemblyman JOHN F. MCKEON
More informationTITLE 11 BUILDINGS AND CONSTRUCTION
TITLE 11 BUILDINGS AND CONSTRUCTION Chapters: 11.04 Standard Codes 11.08 Building Permit 11.12 Plumbing Code 11.16 Fair Housing Code 11.20 Mechanical Code 11.24 Board of Appeals 11.28 Condemnation of Buildings
More informationTAKING A CIVIL CASE TO GENERAL DISTRICT COURT
TAKING A CIVIL CASE TO GENERAL DISTRICT COURT Filing and Serving Your Lawsuit What and where is the General District Court? Virginia has a system of General District Courts. Each county or city in Virginia
More informationROY CITY LETTER OF CREDIT GUARANTEE AGREEMENT
ROY CITY LETTER OF CREDIT GUARANTEE AGREEMENT THIS AGREEMENT, (herein AAgreement@), is entered into this day of, 20, AAPPLICANT@: * * * * * P A R T I E S * * * * * a(n): (corporation, limited liability
More informationHOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR
HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: CS/HB 1285 Construction Liens SPONSOR(S): Altman TIED BILLS: None IDEN./SIM. BILLS: SB 2768 REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Committee on Courts
More informationThe Top 10 Misconceptions about Mechanic's Liens By: David J. Barnier Esq.
The Top 10 Misconceptions about Mechanic's Liens By: David J. Barnier Esq. 1. A Preliminary Notice must be served within 20 days of the claimant first providing labor/materials/equipment/etc. (benefit)
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SENATE BILL 42 RATIFIED BILL
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SENATE BILL 42 RATIFIED BILL AN ACT TO REQUIRE PERSONS FURNISHING LABOR OR MATERIALS IN CONNECTION WITH CERTAIN IMPROVEMENTS TO REAL PROPERTY TO GIVE WRITTEN
More informationPLAINTIFF INFORMATION STARTING YOUR ACTION
PROVINCIAL COURT OF SASKATCHEWAN - CIVIL DIVISION PLAINTIFF INFORMATION STARTING YOUR ACTION Note: This material is for informational purposes only and is not to be construed as legal advice. It is intended
More informationTHE CORPORATION OF THE TOWN OF OAKVILLE BY-LAW NUMBER
THE CORPORATION OF THE TOWN OF OAKVILLE BY-LAW NUMBER 2013-088 A by-law to provide for the construction, demolition and change of use or transfer of permits, inspections and related matters and to repeal
More informationCBA Municipal Court Pro Bono Panel Program Municipal Procedure Guide 1 February 2011
CBA Municipal Court Pro Bono Panel Program Municipal Procedure Guide 1 February 2011 I. Initial steps A. CARPLS Screening. Every new case is screened by CARPLS at the Municipal Court Advice Desk. Located
More informationARLINGTON COUNTY CODE. Chapter 51 HOME IMPROVEMENT
Chapter 51 51-1. Short Title. 51-2. Definitions. 51-3. Licenses. 51-4. Bond Requirement. 51-5. Penalties. 51-6. Salesmen. 51-7. Contract Requirements. 51-8. Miscellaneous Provisions. 51-1. Short Title.
More informationLast Revised Nov. 26, 2012 Sheet Effective Jan. 1, 2013 B/L 5793
Last Revised Nov. 26, 2012 Sheet 1 5675 Effective Jan. 1, 2013 B/L 5793 CONSOLIDATION OF A BYLAW OF THE CITY OF LETHBRIDGE PASSED PURSUANT TO THE PROVISIONS OF THE SAFETY CODES ACT OF ALBERTA **********************************************************
More informationCALIFORNIA CIVIL CODE SECTIONS
CALIFORNIA CIVIL CODE SECTIONS 895-945.5 895. (a) "Structure" means any residential dwelling, other building, or improvement located upon a lot or within a common area. (b) "Designed moisture barrier"
More informationAssembly Bill No. 125 Committee on Judiciary
- Assembly Bill No. 125 Committee on Judiciary CHAPTER... AN ACT relating to constructional defects; enacting provisions governing the indemnification of a controlling party by a subcontractor for certain
More informationSenate Bill No. 306 Senators Ford and Hammond
Senate Bill No. 306 Senators Ford and Hammond CHAPTER... AN ACT relating to commoninterest communities; revising provisions governing a unitowners association s lien on a unit for certain amounts due to
More informationFORECLOSURE FAQ WHERE IS A FORECLOSURE COMPLAINT FILED?
FORECLOSURE FAQ Many foreclosures can be prevented by calling your mortgage company and asking to speak to someone in the Loss Mitigation Department about loan workout solutions, such as, a repayment plan,
More informationCONSTRUCTION LEGAL EDGE FALL 2009
CONSTRUCTION LEGAL EDGE FALL 2009 This newsletter is informational only and should not be construed as legal advice. 2009, Pietragallo Gordon Alfano Bosick & Raspanti, LLP. All rights reserved. Articles
More informationINSTRUCTIONS FOR APPOINTMENT OF A GUARDIAN ADULT
INSTRUCTIONS FOR APPOINTMENT OF A GUARDIAN ADULT These standard instructions are for informational purposes only and are not meant to be legal advice about your specific case. If you choose to represent
More informationBRADFORD COUNTY LOCAL CIVIL RULES. 1. Upon the filing of a divorce or custody action pursuant to the Pennsylvania Rules of
BRADFORD COUNTY LOCAL CIVIL RULES Local Rule 51 These rules shall be known as the Bradford County Rules of Civil Procedure and may be cited as Brad.Co.R.C.P. Local Rule 205.2(b) 1. Upon the filing of a
More informationSan Juan County Probate Court
San Juan County Probate Court Stacey D. Biel Probate Judge 100 S. Oliver Dr. Suite 200 Aztec, New Mexico 87410 (505) 334-9471 Testate (WILL) 1B-305. General instructions for probates (will). A. Determine
More informationRULE CAPTION. RULEMAKING ACTION List each rule number separately,
Secretary of State Certificate and Order for Filing PERMANENT ADMINISTRATIVE RULES I certify that the attached copies* are true, full and correct copies of the PERMANENT Rule(s) adopted on April 17, 2012
More informationBy James D. Fullerton
By James D. Fullerton Contract Note Personal Guaranty Bond Mortgage Mechanic s Lien Signed by Contract Debtor Allows CR to sue DR and obtain judgment Signed by 2 nd DR, Bonding Co., Bonding Principal
More informationCHAPTER IV. BUILDINGS AND CONSTRUCTION
CHAPTER IV. BUILDINGS AND CONSTRUCTION ARTICLE 1A. BUILDING CODE... 3 4-1a01. International Building Code Incorporated... 3 4-1a02. Amendments.... 3 4-1a03. Severability.... 4 4-1a04. Deletions.... 4 4-1a05.
More informationChapter 10 BUILDINGS AND BUILDING REGULATIONS*
Chapter 10 BUILDINGS AND BUILDING REGULATIONS* *Cross references: Community development, ch. 22; fire prevention and protection, ch. 34; stormwater management, ch. 48; subdivisions, ch. 50; utilities,
More informationCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT (CALIFORNIA)
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT (CALIFORNIA) TYPE 1 FORM - Pursuant to Civil Code 8132 (Effective 7/1/2012) NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND
More informationJustice Court Precinct 8 Judge Tom Gillam III Justice of the Peace JUSTICE COURT PROCEDURES SMALL CLAIMS
Justice Court Precinct 8 Judge Tom Gillam III Justice of the Peace JUSTICE COURT PROCEDURES SMALL CLAIMS Justice of the Peace Courts are courts in which parties can settle disputes in a speedy, informal
More informationSUMMARY OF SENATE BILL MISSISSIPPI'S CONSTRUCTION LIEN LAW
SUMMARY OF SENATE BILL 2622 - MISSISSIPPI'S CONSTRUCTION LIEN LAW Publication SUMMARY OF SENATE BILL 2622 - MISSISSIPPI'S CONSTRUCTION LIEN LAW Authors Cable M. Frost, Erno David Lindner March 27, 2014
More informationCHAPTER Council Substitute for House Bill No. 1157
CHAPTER 2010-111 Council Substitute for House Bill No. 1157 An act relating to the Local Government Prompt Payment Act; amending s. 218.72, F.S.; revising definitions; amending s. 218.735, F.S.; revising
More informationAssembly Amendment to Assembly Bill No. 125 (BDR 3-588) Title: No Preamble: No Joint Sponsorship: No Digest: Yes
0 Session (th) A AB Amendment No. Assembly Amendment to Assembly Bill No. (BDR -) Proposed by: Assembly Committee on Judiciary Amends: Summary: No Title: No Preamble: No Joint Sponsorship: No Digest: Yes
More informationTITLE XV: LAND USAGE. Chapter BUILDING REGULATIONS Cross-reference: Local legislation regarding land usage, see Title XVII
TITLE XV: LAND USAGE Chapter 150. BUILDING REGULATIONS Cross-reference: Local legislation regarding land usage, see Title XVII 1 2 Villages - Land Usage CHAPTER 150: BUILDING REGULATIONS Section Building
More informationEXHIBIT A BY-LAWS SYCAMORE CREEK HOMEOWNERS ASSOCIATION, INC.
EXHIBIT A BY-LAWS OF SYCAMORE CREEK HOMEOWNERS ASSOCIATION, INC. 1 HOMEOWNERS ASSOCIATION BY-LAWS The within By-Laws are executed and attached to the Declaration creating covenants, conditions and restrictions
More informationBY-LAWS OF BERKSHIRE HOMEOWNERS ASSOCIATION. The development to be administered under these By-Laws shall be all sections of the
BY-LAWS OF BERKSHIRE HOMEOWNERS ASSOCIATION ARTICLE I LOCATION The development to be administered under these By-Laws shall be all sections of the development generally known as Berkshire Homeowners Association
More informationSelf-Help Legal Information Packet: When a Small Claims Case Has Been Filed Against You
Self-Help Legal Information Packet: When a Small Claims Case Has Been Filed Against You Self-Help Legal Information Packets are provided for the benefit of justice courts and individuals seeking access
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No WDA 2014
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 OAKDALE EQUIPMENT CORPORATION, Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA MEADOWS LANDING ASSOCIATES, LP, v. Appellee No. 1573 WDA 2014
More informationYoungWilliams P.A. Typical Contract Clauses Regarding Claims. Steve Williams
YoungWilliams P.A. Typical Contract Clauses Regarding Claims Steve Williams Commercial Litigation Group YoungWilliams P.A. steve.williams@youngwilliams.com www.youngwilliams.com Direct: 601.360.9007 Fax:
More informationORDINANCE NO. 193 AN ORDINANCE RELATIVE TO THE ADMINISTRATION AND CONDUCT OF THE WATER DEPARTMENT OF THE VILLAGE OF DECATUR.
ORDINANCE NO. 193 AN ORDINANCE RELATIVE TO THE ADMINISTRATION AND CONDUCT OF THE WATER DEPARTMENT OF THE VILLAGE OF DECATUR. THE VILLAGE OF DECATUR ORDAINS: Section 1. Administration. (a) The Water Superintendent,
More informationLOCAL RULES COURT OF COMMON PLEAS OF MERCER COUNTY, 35 TH JUDICIAL DISTRICT. Orphans Court Rules Promulgated by the. Supreme Court of Pennsylvania
LOCAL RULES of the COURT OF COMMON PLEAS OF MERCER COUNTY, 35 TH JUDICIAL DISTRICT Supplementing the Orphans Court Rules Promulgated by the Supreme Court of Pennsylvania TABLE OF CONTENTS RULE 1. PRELIMINARY
More informationSelf-Help Legal Information Packet: Filing an Eviction Case
Self-Help Legal Information Packet: Filing an Eviction Case Self-Help Legal Information Packets are provided for the benefit of justice courts and individuals seeking access to justice through the court
More informationCORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT. By-law
CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT By-law 164-2012 being a By-Law under the Building Code Act, 1992, S.O. 1992, c. 23, respecting construction, demolition, change of use, occupancy permits,
More informationGENERAL INFORMATION FOR FILING SUIT IN JUSTICE COURT
GENERAL INFORMATION FOR FILING SUIT IN JUSTICE COURT General Disclaimer: The following information is a general representation of the new laws governing Justice Court. This is NOT a complete description.
More informationBYLAWS OF LAKESHORE HOMEOWNERS ASSOCIATION, INC.
BYLAWS OF LAKESHORE HOMEOWNERS ASSOCIATION, INC. ARTICLE I. NAME AND LOCATION The name of the corporation is LAKESHORE HOMEOWNERS ASSOCIATION, INC., hereinafter referred to as the Association. The principal
More informationTitle 3 Tribal Courts Chapter 6 Enforcement of Judgments
Title 3 Tribal Courts Chapter 6 Enforcement of Judgments Sec. 3-06.010 Title 3-06.020 Authority 3-06.030 Definitions 3-06.040 Purpose and Scope Subchapter I General Provisions 3-06.050 Jurisdiction 3-06.060
More informationLowndes County Magistrate Court
Lowndes County Magistrate Court Legal Terms Glossary Action: Affiant: Affidavit: Affirmation: Agent for Landlord: Answer: Appeals: Bail: A court proceding when one party prosecutes another for the protection
More informationSUBDIVISION IMPROVEMENT AGREEMENT. (Date of Subdivision Map Recordation: )
SUBDIVISION IMPROVEMENT AGREEMENT Tract Map No.: (Date of Subdivision Map Recordation: ) THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California
More informationPERFORMANCE AND BOND AGREEMENT
Bond No. File No. 13039 PERFORMANCE AND BOND AGREEMENT THIS AGREEMENT, is entered into this day of, 2014 *******PARTIES******* "APPLICANT": NAME: Wasatch School District ADDRESS: 101 E 200 N, Heber City,
More informationSmall Claims Handbook A citizen s guide to handling small claims complaints in Kentucky
Small Claims Handbook A citizen s guide to handling small claims complaints in Kentucky Provided by the Kentucky Administrative Office of the Courts and the Kentucky Office of Attorney General Small Claims
More informationBuilding and Construction Industry Security of Payment Act 1999 No 46
Building and Construction Industry Security of Payment Act 1999 No 46 Current version for 27 June 2017 to date (accessed 15 November 2017 at 14:57) Status information New South Wales Status information
More informationCHAPTER House Bill No. 617
CHAPTER 2018-55 House Bill No. 617 An act relating to covenants and restrictions; creating s. 712.001, F.S.; providing a short title; amending s. 712.01, F.S.; defining and redefining terms; amending s.
More informationINSTRUCTIONS FOR COLLECTING A JUDGMENT AND COMPLETING A WRIT OF GARNISHMENT
INSTRUCTIONS FOR COLLECTING A JUDGMENT AND COMPLETING A WRIT OF GARNISHMENT These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose
More informationparty of the second part, WITNESSETH: Whereas, the party of the first part is the holder of the following and of the bonds or notes secured thereby:
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY AGREEMENT, made the day of, BETWEEN the party of the first part, and party of the second part, WITNESSETH:
More informationARTICLE XX ADMINISTRATION AND ENFORCEMENT
ARTICLE XX ADMINISTRATION AND ENFORCEMENT SECTION 2000. ENFORCEMENT: The provisions of this Ordinance shall be administered and enforced by the Building Inspector, or by such deputies of his department
More informationGOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE. between the City of and
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of and [Insert Vendor's Co. Name] THIS AGREEMENT is made by and between the City of, a Washington municipal corporation (hereinafter
More informationExhibit A. Anti-Advance Waiver Of Lien Rights Statutes in the 50 States and DC
Exhibit A Anti-Advance Waiver Of Lien Rights Statutes in the 50 States and DC STATE ANTI- ADVANCE WAIVER OF LIEN? STATUTE(S) ALABAMA ALASKA Yes (a) Except as provided under (b) of this section, a written
More informationTHIS AGREEMENT made the day of, in the year
NY 007 - Consolidation and Extension Agreement (can also be used for spreader) (NYBTU 8026) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS AGREEMENT
More informationChapter 132 STREETS AND SIDEWALKS. ARTICLE I Street Openings and Excavations
Chapter 132 STREETS AND SIDEWALKS ARTICLE I Street Openings and Excavations 132-1. Definitions. 132-2. Permits required. 132-3. Permits not transferable. 132-4. Application for permit; fee. 132-5. Conditions
More informationIllinois Legal Update. Patrick M. Miller, Partner
Illinois Legal Update Patrick M. Miller, Partner ILLINOIS Legal Update Case Law Update: Limitations periods applicable to construction related and indemnification claims Strict application of affidavit
More information(Reprinted with amendments adopted on April 20, 2015) FIRST REPRINT A.B. 211 MARCH 2, Referred to Committee on Commerce and Labor
(Reprinted with amendments adopted on April 0, 0) FIRST REPRINT A.B. ASSEMBLY BILL NO. ASSEMBLYMAN OHRENSCHALL MARCH, 0 Referred to Committee on Commerce and Labor SUMMARY Revises provisions relating to
More informationCity Of Kingston. Ontario. By-Law Number A By-Law To License, Regulate And Govern Certain Trades And Occupations
City Of Kingston Ontario By-Law Number 2003-4 A By-Law To License, Regulate And Govern Certain Trades And Occupations Passed: December 17, 2002 As Amended By By-Law Number: (Office Consolidation) Page
More informationEXHIBIT A. LARIMER COUNTY CODE Chapter 10 Article VIII. Building Contractor Licensing Program
EXHIBIT A LARIMER COUNTY CODE Chapter 10 Article VIII. Building Contractor Licensing Program Sec. 10-191 Title Sec. 10-192 Authority Sec. 10-193 Purpose Sec. 10-194 Principles of Interpretation Sec. 10-195
More informationSMALL CLAIMS MANUAL. Hon. Elizabeth A. Robb Chief Judge. Hon. LeeAnn S. Hill Presiding Judge. Don R. Everhart, Jr. Circuit Clerk of McLean County
SMALL CLAIMS MANUAL Hon. Elizabeth A. Robb Chief Judge Hon. LeeAnn S. Hill Presiding Judge Don R. Everhart, Jr. Circuit Clerk of McLean County McLean County Legal Self-Help Center 104 W. Front Street,
More informationSURETY TODAY PRESENTATION. Given by Michael A. Stover and George J. Bachrach Wright, Constable & Skeen, LLP Baltimore, MD December 11, 2017
SURETY TODAY PRESENTATION Given by Michael A. Stover and George J. Bachrach Wright, Constable & Skeen, LLP Baltimore, MD December 11, 2017 Bankruptcy: The Debtor s and the Surety s Rights to the Bonded
More informationTITLE 25. RESIDENTIAL FORECLOSURE AND EVICTION LAW CHAPTER 1. SHORT TITLE, FINDINGS, AND PURPOSE
TITLE 25. RESIDENTIAL FORECLOSURE AND EVICTION LAW CHAPTER 1. SHORT TITLE, FINDINGS, AND PURPOSE 25 M.P.T.L. ch. 1 1 Section 1. Short Title This Law shall be known as the Residential Foreclosure and Eviction
More informationBOND FOR FAITHFUL PERFORMANCE
Bond No.:_ Premium: BOND FOR FAITHFUL PERFORMANCE WHEREAS, The City Council of the City of Escondido, State of California, and (hereinafter designated as ) have entered into an agreement whereby agrees
More informationCHAPTER 77 GARNISHMENT
F.S. 2014 GARNISHMENT Ch. 77 77.01 Right to writ of garnishment. 77.02 Garnishment in tort actions. 77.03 Issuance of writ after judgment. 77.0305 Continuing writ of garnishment against salary or wages.
More informationRequest For Proposals Hwy 124 E ADA Door Opener Hallsville City Hall
Request For Proposals 2018-1 202 Hwy 124 E ADA Door Opener Hallsville City Hall The City of Hallsville, Missouri (the City ) seeks bids from qualified contractors for all materials and labor to install
More informationEXHIBIT B TITLE 7 REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS
EXHIBIT B TITLE 7 REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS INDEX TO EXHIBIT B Chapter Title Exhibit Designation Chapter 1 Definitions Exhibit B-1 Chapter 2 Actionable Defects Exhibit B-2 Chapter
More informationIN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA FINAL JUDGMENT OF FORECLOSURE
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA Plaintiff(s), CASE NO. v. Defendant(s). / FINAL JUDGMENT OF FORECLOSURE This action was heard before the court
More informationNEW HOME BUYER PROTECTION (GENERAL) REGULATION
Province of Alberta NEW HOME BUYER PROTECTION ACT NEW HOME BUYER PROTECTION (GENERAL) REGULATION Alberta Regulation 211/2013 With amendments up to and including Alberta Regulation 206/2017 Office Consolidation
More informationIN THE COURT OF APPEALS OF MARYLAND. This Court s Standing Committee on Rules of Practice and
IN THE COURT OF APPEALS OF MARYLAND R U L E S O R D E R This Court s Standing Committee on Rules of Practice and Procedure having submitted its One Hundred Sixty-Fourth Report to the Court recommending
More informationDid You Blow the Statute of Limitations?
Did You Blow the Statute of Limitations? The Effect of Title 7 on a Community Association s Right to Sue for Construction Defects Tyler P. Berding, Esq. It s 1998. The plumbing in your association s 5-year
More information