Contractors and subcontractors are two of only a few creditors that are granted the right to obtain a secured right in property prior to a judicial confirmation of the debt. Other creditors afforded this right include condominium and homeowners associations.
This is a favored position and should not be taken lightly. Careful review should be given to certify that the contractor lien meets all statutory requirements.
For example, a materialmen’s lien was judicially canceled because it did not adequately describe the materials. The lien stated it was for “materials supplied”. The Court held that this was insufficient. The types of materials supplied should be described, such as doors, windows, cabinets or other building components.
Lydia J. Alford
Partner at Alford & Alford, LLP
Alford & Alford is a father-daughter law partnership of William C. “Neil” Alford and Lydia J Alford. Over his 43 years of experience, Neil has handled simple and complex, residential and commercial real estate matters. Lydia’s 26 years of experience gives her the ability to offer well-rounded pragmatic solutions to varied civil legal issues.
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