We have all been in a situation where we wished we had done things differently, knowing what the possible outcomes and consequences could be, were any preventable, and was there a way to foresee the issue? Having a lifeline, or essentially a lifeboat, to fall back on can make all the difference in the end.
We see plenty of news reports, newspaper headlines, and lengthy magazine articles, telling tales of big corporations and firms not paying the money owed to the contractors they initially hired.
The court scenes get uglier as the case unfolds, harsh words are thrown back and forth, and all because the foundational steps were not put in place but one simply went on their morals. The unfortunate aspect of this scenario is that too many people trust, while the other halves are trying their luck to get something for nothing.
It’s turning out to be an ‘eat or be eaten’ world we live in and we need to be aware, start taking care of ourselves and our families as a priority, and the rest can fall into place as it sees fit.
In the building industry where contracts are continuously drawn up and plans chop and change as is suitable to the environment or situational needs, we need to make sure we are covered. In the unlikely event that a contract goes missing, is read in a rush without looking at the fine print which is then later queried, or simply the employer does not see why he needs to pay, having a legal document to back you up is highly recommended.
A formal document known as a mechanics lien, read here https://www.wikihow.com/File-a-Lien on how you would go about obtaining and completing one if you felt you were to go at the issue alone without legal representation –not advised- helps with ensuring you get the money that you are owed for completing the relevant work or tasks for the employer.
By this stage, the problem has escalated into a likely larger situation than you would have liked but presents itself when the time calls.
Most of us would not enjoy the experience of going through the hassle and headaches of filing, claiming, and waiting for a lien to payout, and hopefully to prevent this the next steps are taken before a project gets underway.
We have spoken about an official mechanics lien, and thus its counterpart comes in the form of what’s known as a ‘preliminary lien’, a legal document claiming, stating, and giving you the right to file the official mechanic’s lien in the event the situation presents itself where you may need it.
It makes the employer, contractor, and all parties involved aware that should on completion of the job were the funds not to be paid out as stated in the contract (that is signed by all necessary parties) you will be filling out a mechanics lien claim form and submitting it to the legal jurisdiction authority for enforcement of said funds.
Sure, it can all become technical and with big words flying around, we sometimes get lost in the process with understanding.
To make things simpler, take a moment to watch this quick video that breaks it all down into words us mere mortals can comprehend and gain a better understanding of the processes and steps involved in filling out a preliminary lien. Besides, it has images so there is no excuse to fall asleep during the lecture, am I right?
Finding the ‘right team’ to be on your side can significantly reduce the anxiety that comes with these situations, a firm who takes your reasoning and comfortability into consideration, and listens openly to what you hope the outcome to be.
A company that specializes in this type of law will likely have been in the industry for many years with the knowledge and experience that comes with it. You should feel relaxed when explaining what has happened, they will be open and communicative about what they advise is the next protocol to follow, and at the end of the day, a professional relationship can begin.
It does not need to be a scary undertaking as some critics like to preach, filing preliminary notices in the state of Kansas can be done with expert help and guidance and make the once-enjoyed project that you are proud of retaining some of its dignity.
Make sure that before you carry out any decisions that you have taken the time to do careful research and your homework has all the elements and aspects covered to be prepared for anything the event may throw at you.
Help versus alone.
Thinking to do legal actions and filings on your own is only in limited situations advised if you are well-versed in the laws of the state you intend to file in. Saving those few extra initial payments will soon catch up with you once the lawyer and agency fees from the opposing party start to roll in.
Leave it to the industry experts who have given up years sometimes over a decade of dedication to learning, studying, and finding out all there is to know about liens, laws, and how to be successful in executing them.
Follow their advice and guidance and if it means a small investment to get the right result, then what are you waiting for? Get it done right the first time around with a solid foundation to back you up.