It turns out the contractor we hired to paint our house is unreliable.
He managed to get the primer on and some of the trim. The problem is
that the can states that the top coat must be put on within 30 days. Is
it absolutely necessary to stick to 30 days time limit? What would
happen if it is 1 or 2 weeks over?

I would be more concerned that the unreliable painter would appear in
a week or two wanting to be paid for the whole job. It's called a
mechanic's lien that starts when he does any work on the job. Unless
you have a written contract which states that failure to appear
constitutes abandonment of the job, you are at risk.
Unreliable is a value judgment on your part that will not hold up in
court if he sues you for the entire contract price.

On 7 Jul 2006 06:28:22 -0700, "
wrote:

It turns out the contractor we hired to paint our house is unreliable.
He managed to get the primer on and some of the trim. The problem is
that the can states that the top coat must be put on within 30 days. Is
it absolutely necessary to stick to 30 days time limit? What would
happen if it is 1 or 2 weeks over?

wrote in message
ups.com...
It turns out the contractor we hired to paint our house is unreliable.
He managed to get the primer on and some of the trim. The problem is
that the can states that the top coat must be put on within 30 days. Is
it absolutely necessary to stick to 30 days time limit? What would
happen if it is 1 or 2 weeks over?


Paint can oxidize over time. The 30 days will vary depending on weather,
exposure, how good the bas is, etc. Hard to say, but you can have from 30
to 130 days with no adverse effects.

I had a spot that I primed and never got to paint until the following year
and it was and still is OK.

On Fri, 07 Jul 2006 08:37:35 -0500, Thomas Kendrick
wrote:

I would be more concerned that the unreliable painter would appear in
a week or two wanting to be paid for the whole job. It's called a
mechanic's lien that starts when he does any work on the job. Unless
you have a written contract which states that failure to appear
constitutes abandonment of the job, you are at risk.
Unreliable is a value judgment on your part that will not hold up in
court if he sues you for the entire contract price.


And it goes without saying that if you refuse to pay, he can sell
your home and get his money from the proceeds. But the good thing is
that he will have to give you the balance - after deducting all the
expenses of the sale.






On 7 Jul 2006 06:28:22 -0700, "
wrote:

It turns out the contractor we hired to paint our house is unreliable.
He managed to get the primer on and some of the trim. The problem is
that the can states that the top coat must be put on within 30 days. Is
it absolutely necessary to stick to 30 days time limit? What would
happen if it is 1 or 2 weeks over?

JimL wrote:
On Fri, 07 Jul 2006 08:37:35 -0500, Thomas Kendrick
wrote:

I would be more concerned that the unreliable painter would appear in
a week or two wanting to be paid for the whole job. It's called a
mechanic's lien that starts when he does any work on the job. Unless
you have a written contract which states that failure to appear
constitutes abandonment of the job, you are at risk.
Unreliable is a value judgment on your part that will not hold up in
court if he sues you for the entire contract price.


And it goes without saying that if you refuse to pay, he can sell
your home and get his money from the proceeds. But the good thing is
that he will have to give you the balance - after deducting all the
expenses of the sale.

A lien doesn't give him the right to foreclose, merely to be paid when/if
the property is sold.

--

dadiOH
____________________________

dadiOH's dandies v3.06...
....a help file of info about MP3s, recording from
LP/cassette and tips & tricks on this and that.
Get it at http://mysite.verizon.net/xico

On Fri, 07 Jul 2006 15:10:34 GMT, "dadiOH"
wrote:

JimL wrote:
On Fri, 07 Jul 2006 08:37:35 -0500, Thomas Kendrick
wrote:

I would be more concerned that the unreliable painter would appear in
a week or two wanting to be paid for the whole job. It's called a
mechanic's lien that starts when he does any work on the job. Unless
you have a written contract which states that failure to appear
constitutes abandonment of the job, you are at risk.
Unreliable is a value judgment on your part that will not hold up in
court if he sues you for the entire contract price.


And it goes without saying that if you refuse to pay, he can sell
your home and get his money from the proceeds. But the good thing is
that he will have to give you the balance - after deducting all the
expenses of the sale.

A lien doesn't give him the right to foreclose, merely to be paid when/if
the property is sold.

Wrong again.

Find out what primer was used and go read a label, some state 6 months.

On Fri, 07 Jul 2006 10:54:35 -0500, JimL wrote:

A lien doesn't give him the right to foreclose, merely to be paid when/if
the property is sold.

Wrong again.

How's that? In NV we Have Homestead Exemption that explicitly
prohibits your home from being sold for debt you owe.

A lien is just a cloud on the property and needs to be cleared before
sale.

Oren

On Fri, 07 Jul 2006 09:57:45 -0700, Oren wrote:

On Fri, 07 Jul 2006 10:54:35 -0500, JimL wrote:

A lien doesn't give him the right to foreclose, merely to be paid when/if
the property is sold.

Wrong again.

How's that? In NV we Have Homestead Exemption that explicitly
prohibits your home from being sold for debt you owe.

A lien is just a cloud on the property and needs to be cleared before
sale.

Oren

There may be exceptions to what I said in each of the many
jurisdictions, but that doesn't change the general rule which is true
in most jurisdictions in this country.

"MECHANICS LIEN - A claim against real estate made by a contractor,
subcontractor, or supplier of building materials who contributed to
improvements built on the real estate. A mechanics lien, if enforced,
permits the party who filed the claim to force a sale of the real
estate to pay the claim. "

On Fri, 07 Jul 2006 13:16:54 -0500, JimL wrote:

On Fri, 07 Jul 2006 09:57:45 -0700, Oren wrote:

On Fri, 07 Jul 2006 10:54:35 -0500, JimL wrote:

A lien doesn't give him the right to foreclose, merely to be paid when/if
the property is sold.

Wrong again.

How's that? In NV we Have Homestead Exemption that explicitly
prohibits your home from being sold for debt you owe.

A lien is just a cloud on the property and needs to be cleared before
sale.

Oren

There may be exceptions to what I said in each of the many
jurisdictions, but that doesn't change the general rule which is true
in most jurisdictions in this country.

"MECHANICS LIEN - A claim against real estate made by a contractor,
subcontractor, or supplier of building materials who contributed to
improvements built on the real estate. A mechanics lien, if enforced,
permits the party who filed the claim to force a sale of the real
estate to pay the claim. "

A contractor will have to stand in line; after mortgage lenders. So if
I supply the paint, what is the point except I owe him for labor,
right?

If everyone owed money today; forced a sale, we would have night court
with long lines.

A contract breach doesn't turn into foreclosure... promissory note to
the bank is another issue.

Oren

On Fri, 07 Jul 2006 12:05:24 -0700, Oren wrote:

On Fri, 07 Jul 2006 13:16:54 -0500, JimL wrote:

On Fri, 07 Jul 2006 09:57:45 -0700, Oren wrote:

On Fri, 07 Jul 2006 10:54:35 -0500, JimL wrote:

A lien doesn't give him the right to foreclose, merely to be paid when/if
the property is sold.

Wrong again.

How's that? In NV we Have Homestead Exemption that explicitly
prohibits your home from being sold for debt you owe.

A lien is just a cloud on the property and needs to be cleared before
sale.

Oren

There may be exceptions to what I said in each of the many
jurisdictions, but that doesn't change the general rule which is true
in most jurisdictions in this country.

"MECHANICS LIEN - A claim against real estate made by a contractor,
subcontractor, or supplier of building materials who contributed to
improvements built on the real estate. A mechanics lien, if enforced,
permits the party who filed the claim to force a sale of the real
estate to pay the claim. "

A contractor will have to stand in line; after mortgage lenders. So if
I supply the paint, what is the point except I owe him for labor,
right?

If everyone owed money today; forced a sale, we would have night court
with long lines.

A contract breach doesn't turn into foreclosure... promissory note to
the bank is another issue.

Oren

I wish I lived in your world, Oren. You have such an innocent view
of things.

I'm sure if I took the time, I could find you where some contractor
sold a million dollar property to satisfy a $500 bill that the owner
ignored.

It's old news and old law. Right now, what is hot is the home owners
association selling million dollar homes because owners didn't pay a
$150 maintenance fee.

On Fri, 07 Jul 2006 14:34:34 -0500, JimL wrote:
A contractor will have to stand in line; after mortgage lenders. So if
I supply the paint, what is the point except I owe him for labor,
right?

If everyone owed money today; forced a sale, we would have night court
with long lines.

A contract breach doesn't turn into foreclosure... promissory note to
the bank is another issue.

Oren

I wish I lived in your world, Oren. You have such an innocent view
of things.

And a hard head. I'm not taking away from the right of the contractor
to do what is lawful in Civil Court. If that's innocent I'm guilty.

I'm sure if I took the time, I could find you where some contractor
sold a million dollar property to satisfy a $500 bill that the owner
ignored.

I'm not picking it apart. You said before wrong and then see the
exception, okay your guy won.

It's old news and old law. Right now, what is hot is the home owners
association selling million dollar homes because owners didn't pay a
$150 maintenance fee.

Our association has been fining a guy in our area for a very long
time. The fines, and I guess interest grows each year. It was over the
color of the paint in the fascia board.

Bottom line - they cannot foreclose, but will have the lien when he
tries to sell. The guy will loose in the end.

So we have exemptions and some states don't.

Oren

Oren wrote:
On Fri, 07 Jul 2006 10:54:35 -0500, JimL wrote:

A lien doesn't give him the right to foreclose, merely to be paid
when/if the property is sold.

Wrong again.

How's that? In NV we Have Homestead Exemption that explicitly
prohibits your home from being sold for debt you owe.

A lien is just a cloud on the property and needs to be cleared before
sale.

We have (almost) the same homestead rule in Texas. The property can,
however, be seized and sold for three types of debt:
1. Incurred for the original purchase;
2. Taxes;
3. For improvements to the property.

Plus, there are requirements that must be met before the property can even
be considered to be a homestead (you have to actually LIVE there, for one).

wrote:
It turns out the contractor we hired to paint our house is unreliable.
He managed to get the primer on and some of the trim. The problem is
that the can states that the top coat must be put on within 30 days. Is
it absolutely necessary to stick to 30 days time limit? What would
happen if it is 1 or 2 weeks over?

Have you had contact with him, tried, been given a reason for delay? My
unscientific opinion is that a couple of weeks won't hurt. Much longer,
and it might get dirty or oxidized a bit. Got a written bid with a time
stated for completion? Satisfied with his work otherwise? A lot would
depend on issues you have not stated. I don't trust AHR for legal
advice, but the paint label is "on your side" - job needs to be
completed. Unless he dropped dead, he should have contacted you to
explain the delay - good reason for hiring someone else.

On Fri, 07 Jul 2006 13:01:03 -0700, Oren wrote:

On Fri, 07 Jul 2006 14:34:34 -0500, JimL wrote:
A contractor will have to stand in line; after mortgage lenders. So if
I supply the paint, what is the point except I owe him for labor,
right?

If everyone owed money today; forced a sale, we would have night court
with long lines.

A contract breach doesn't turn into foreclosure... promissory note to
the bank is another issue.

Oren

I wish I lived in your world, Oren. You have such an innocent view
of things.

And a hard head. I'm not taking away from the right of the contractor
to do what is lawful in Civil Court. If that's innocent I'm guilty.

Even worse, In my state, there is no court action required. The
whole thing from beginning to end (sale) can be done without any court
being involved..


I'm sure if I took the time, I could find you where some contractor
sold a million dollar property to satisfy a $500 bill that the owner
ignored.

I'm not picking it apart. You said before wrong and then see the
exception, okay your guy won.

It's old news and old law. Right now, what is hot is the home owners
association selling million dollar homes because owners didn't pay a
$150 maintenance fee.

Our association has been fining a guy in our area for a very long
time. The fines, and I guess interest grows each year. It was over the
color of the paint in the fascia board.

Bottom line - they cannot foreclose, but will have the lien when he
tries to sell. The guy will loose in the end.

In my state, they have sold many homes causing great surprise and
heartache to the owners. The law of the land right now in my state
is that they can do that legally. Our state has just added new
redemption rights and more notice provisions, but it is still legal to
sell at foreclosure for not paying annual association dues.

Of course, it also clouds the title.....




So we have exemptions and some states don't.

Oren

Norminn wrote:
wrote:
It turns out the contractor we hired to paint our house is unreliable.
He managed to get the primer on and some of the trim. The problem is
that the can states that the top coat must be put on within 30 days. Is
it absolutely necessary to stick to 30 days time limit? What would
happen if it is 1 or 2 weeks over?

Have you had contact with him, tried, been given a reason for delay? My
unscientific opinion is that a couple of weeks won't hurt. Much longer,
and it might get dirty or oxidized a bit. Got a written bid with a time
stated for completion? Satisfied with his work otherwise? A lot would
depend on issues you have not stated. I don't trust AHR for legal
advice, but the paint label is "on your side" - job needs to be
completed. Unless he dropped dead, he should have contacted you to
explain the delay - good reason for hiring someone else.

I'd be tempted to send him a certified letter stating that if the job
is not completed by x date (30 days?) another painter will be hired.
Inform him that he will only be paid the difference between the
original contract and whatever the new painter charges you. Why should
you have to pay twice for the same job? If you have a new painter give
you an estimate to complete the job there's no way the first painter
could recover his entire fee, since he didn't complete the job. At
least that's the way it worked in small claims court in NY the one day
I observed. I watched case after case where the judge asked if the
homeowner had a completion estimate from new contractor, and then the
judge gave the original contractor the difference between the new
completion estimate and the original contract. In two cases, the
original contractor had to pay the homeowner!

As always, however, YMMV.

Hilary

On Fri, 7 Jul 2006 15:42:18 -0500, "HeyBub"
wrote:

Oren wrote:
On Fri, 07 Jul 2006 10:54:35 -0500, JimL wrote:

A lien doesn't give him the right to foreclose, merely to be paid
when/if the property is sold.

Wrong again.

How's that? In NV we Have Homestead Exemption that explicitly
prohibits your home from being sold for debt you owe.

A lien is just a cloud on the property and needs to be cleared before
sale.

We have (almost) the same homestead rule in Texas. The property can,
however, be seized and sold for three types of debt:

Florida's Homestead Exemption (moons ago) exempted the first 25K from
property taxes.

1. Incurred for the original purchase;

Promissory Note (s).

2. Taxes;

IRS and state...

3. For improvements to the property.

Funds not paid to the local boards. like permits..

Plus, there are requirements that must be met before the property can even
be considered to be a homestead (you have to actually LIVE there, for one).

As I do, never claimed it for rentals.


Oren

On Fri, 7 Jul 2006 15:42:18 -0500, "HeyBub"
wrote:

Oren wrote:
On Fri, 07 Jul 2006 10:54:35 -0500, JimL wrote:

A lien doesn't give him the right to foreclose, merely to be paid
when/if the property is sold.

Wrong again.

How's that? In NV we Have Homestead Exemption that explicitly
prohibits your home from being sold for debt you owe.

A lien is just a cloud on the property and needs to be cleared before
sale.

We have (almost) the same homestead rule in Texas. The property can,
however, be seized and sold for three types of debt:
1. Incurred for the original purchase;
2. Taxes;
3. For improvements to the property.

Plus, there are requirements that must be met before the property can even
be considered to be a homestead (you have to actually LIVE there, for one).

No.
You don't have to live there to establish it as your homestead.

However, you do, if confronted, have to prove your 'intention' to
live there and make it your homestead. Maybe drill a well or lay out
stakes for a foundation or some such action on your part.

JimL ) said...

There may be exceptions to what I said in each of the many
jurisdictions, but that doesn't change the general rule which is true
in most jurisdictions in this country.

"MECHANICS LIEN - A claim against real estate made by a contractor,
subcontractor, or supplier of building materials who contributed to
improvements built on the real estate. A mechanics lien, if enforced,
permits the party who filed the claim to force a sale of the real
estate to pay the claim. "

Only if there is no other title on the property. If you hold a first
mortgage, the lender of that COMES FIRST and they are the only one who
can force the sale of the property. A mechanic's lien waits in line, so
if the mortgage lender is happy with the situation and is not interested
in foreclosing, the contractor can wait until the cows come home.

If you ever pay off the mortgage before selling the property, the
mortgage is discharged and any other interests move up the queue,
possibly putting the the contractor in first position, who could then
force a forclosure if you are not paying them.

Should you sell the property, all interests must be discharged before
the deed can be transferred, so the contractor would have to be paid
or somehow made happy enough to discharge the lien before the sale
could be completed. If you refuse to do what is necessary to discharge
the lien, then the purchaser of the property will have grounds to start
an action against you.

OBdisclaimer
I am not a lawyer, but I sometimes play one on a local talk radio show! ;-)
/OBdisclaimer

After building my own home, I have had some personal experience in this
area. The company I contracted with to install our HVAC automatically
filed a lien on the property the day after I signed with them. The contract
stipulated that NOTHING was payable until 3 months after completion, when
it could be paid in full without interest, or billed through our natural
gas bill over 12 years at almost that rate of interest (I wanted to use
the first option!).

I only found out about this when our construction mortgage was being
processed. The initial draw was to pay off and discharge the vendor take
back morgtage on the lot. Since the lien was there, the lien would move
into first position. I was able to successfully argue with the contractor
that they had no right to register the lien until the money became due.

To get through the first draw on the construction mortgage, a postponement
had to be issued on the lien (I was still arguing about whether the lien
should even be there) so that the new lender could move into first
position of interest on the property when the original mortgage on the
lot was discharged. In the end, as I said, the lien was discharged at the
contractor's expense AND they reimbursed me for my lawyer's fees for
handling the postponement.

--
Calvin Henry-Cotnam
"I really think Canada should get over to Iraq as quickly as possible"
- Paul Martin - April 30, 2003
-------------------------------------------------------------------------
NOTE: if replying by email, remove "remove." and ".invalid"


--
Posted via a free Usenet account from http://www.teranews.com

On 08 Jul 2006 01:05:31 GMT, lid (Calvin
Henry-Cotnam) wrote:

JimL ) said...

There may be exceptions to what I said in each of the many
jurisdictions, but that doesn't change the general rule which is true
in most jurisdictions in this country.

"MECHANICS LIEN - A claim against real estate made by a contractor,
subcontractor, or supplier of building materials who contributed to
improvements built on the real estate. A mechanics lien, if enforced,
permits the party who filed the claim to force a sale of the real
estate to pay the claim. "

Only if there is no other title on the property. If you hold a first
mortgage, the lender of that COMES FIRST and they are the only one who
can force the sale of the property. A mechanic's lien waits in line, so
if the mortgage lender is happy with the situation and is not interested
in foreclosing, the contractor can wait until the cows come home.

If you ever pay off the mortgage before selling the property, the
mortgage is discharged and any other interests move up the queue,
possibly putting the the contractor in first position, who could then
force a forclosure if you are not paying them.

Should you sell the property, all interests must be discharged before
the deed can be transferred, so the contractor would have to be paid
or somehow made happy enough to discharge the lien before the sale
could be completed. If you refuse to do what is necessary to discharge
the lien, then the purchaser of the property will have grounds to start
an action against you.

OBdisclaimer
I am not a lawyer, but I sometimes play one on a local talk radio show! ;-)
/OBdisclaimer

After building my own home, I have had some personal experience in this
area. The company I contracted with to install our HVAC automatically
filed a lien on the property the day after I signed with them. The contract
stipulated that NOTHING was payable until 3 months after completion, when
it could be paid in full without interest, or billed through our natural
gas bill over 12 years at almost that rate of interest (I wanted to use
the first option!).

I only found out about this when our construction mortgage was being
processed. The initial draw was to pay off and discharge the vendor take
back morgtage on the lot. Since the lien was there, the lien would move
into first position. I was able to successfully argue with the contractor
that they had no right to register the lien until the money became due.

To get through the first draw on the construction mortgage, a postponement
had to be issued on the lien (I was still arguing about whether the lien
should even be there) so that the new lender could move into first
position of interest on the property when the original mortgage on the
lot was discharged. In the end, as I said, the lien was discharged at the
contractor's expense AND they reimbursed me for my lawyer's fees for
handling the postponement.

--
Calvin Henry-Cotnam
"I really think Canada should get over to Iraq as quickly as possible"
- Paul Martin - April 30, 2003
-------------------------------------------------------------------------
NOTE: if replying by email, remove "remove." and ".invalid"

Not so in most states.

For instance, In Texas, a Mechanics Lien for labor and materials can
easily be taken to court and the property foreclosed, even though
there is a valid prior recorded lien.

You foreclose on the property by going to court with your M&M lien
and the property is ordered sold by the court. The prior lien is not
affected by the sale. That means that the buyer at the M&M
foreclosure sale takes the property encumbered by the prior lien. In
actuality, the prior lien holder becomes involved early on because
they want to protect their rights.

In Texas, the prior lien is a Deed of Trust lien which means that the
holder of the note can foreclose without court intervention by selling
the property between the hours of 10am and 4 pm on the courthouse
steps. The M&M proceeding are almost always a triggering mechanism so
the original lender can foreclose.

My point is that the M&M lien is VERY serious business and if you are
not careful, you can lose your home to a foreclosure sale.

Here is some actual Texas code:
----

" § 53.123. PRIORITY OF MECHANIC'S LIEN OVER OTHER
LIENS. (a) Except as provided by this section, a mechanic's lien
attaches to the house, building, improvements, or railroad property
in preference to any prior lien, encumbrance, or mortgage on the
land on which it is located, and the person enforcing the lien may
have the house, building, improvement, or any piece of the railroad
property sold separately.
(b) The mechanic's lien does not affect any lien,
encumbrance, or mortgage on the land or improvement at the time of
the inception of the mechanic's lien, and the holder of the lien,
encumbrance, or mortgage need not be made a party to a suit to
foreclose the mechanic's lien."
------

wrote:
Norminn wrote:
wrote:
It turns out the contractor we hired to paint our house is unreliable.
He managed to get the primer on and some of the trim. The problem is
that the can states that the top coat must be put on within 30 days. Is
it absolutely necessary to stick to 30 days time limit? What would
happen if it is 1 or 2 weeks over?

Have you had contact with him, tried, been given a reason for delay? My
unscientific opinion is that a couple of weeks won't hurt. Much longer,
and it might get dirty or oxidized a bit. Got a written bid with a time
stated for completion? Satisfied with his work otherwise? A lot would
depend on issues you have not stated. I don't trust AHR for legal
advice, but the paint label is "on your side" - job needs to be
completed. Unless he dropped dead, he should have contacted you to
explain the delay - good reason for hiring someone else.

I'd be tempted to send him a certified letter stating that if the job
is not completed by x date (30 days?) another painter will be hired.
Inform him that he will only be paid the difference between the
original contract and whatever the new painter charges you. Why should
you have to pay twice for the same job? If you have a new painter give
you an estimate to complete the job there's no way the first painter
could recover his entire fee, since he didn't complete the job. At
least that's the way it worked in small claims court in NY the one day
I observed. I watched case after case where the judge asked if the
homeowner had a completion estimate from new contractor, and then the
judge gave the original contractor the difference between the new
completion estimate and the original contract. In two cases, the
original contractor had to pay the homeowner!

As always, however, YMMV.

Hilary


That sounds like good advice to me. A week or two beyond the 30 days
specified on the primer can probably isn't going to make any
difference. Also, that 30 days is specd as worse case, with high
temps, etc. In a more typical case, I doubt going 2 weeks beyond will
make a difference.

But, if the OP is dissatisfied with the performance of the contractor,
they should send a letter telling the contractor they want the job
finished in say 30 days. Also cite the concern about the primer. I
would stay away from who owes who what in the letter at this point. As
Hilary pointed out, if you have to get another contractor to finish the
job, and it cost more, the existing contractor can be sued for the
difference. Of oourse collecting a judgement is another matter.

Also, how long and how much you have to put up with is arguable. If
the contractor is making slow but steady progress, I'd be less
concerned than if he's disappered for a long time with no communication.

dadiOH wrote:
JimL wrote:
On Fri, 07 Jul 2006 08:37:35 -0500, Thomas Kendrick
wrote:

I would be more concerned that the unreliable painter would appear in
a week or two wanting to be paid for the whole job. It's called a
mechanic's lien that starts when he does any work on the job. Unless
you have a written contract which states that failure to appear
constitutes abandonment of the job, you are at risk.
Unreliable is a value judgment on your part that will not hold up in
court if he sues you for the entire contract price.

And it goes without saying that if you refuse to pay, he can sell
your home and get his money from the proceeds. But the good thing is
that he will have to give you the balance - after deducting all the
expenses of the sale.

A lien doesn't give him the right to foreclose, merely to be paid when/if
the property is sold.


That varies from state to state and by property type. If you need legal
advice go get it from a lawyer. Do not take the word of anyone hear
because our advice is worth about what you are paying for it.
--
Tom Horne

"This alternating current stuff is just a fad. It is much too dangerous
for general use." Thomas Alva Edison

Oren wrote:
On Fri, 07 Jul 2006 10:54:35 -0500, JimL wrote:

A lien doesn't give him the right to foreclose, merely to be paid when/if
the property is sold.
Wrong again.

How's that? In NV we Have Homestead Exemption that explicitly
prohibits your home from being sold for debt you owe.

A lien is just a cloud on the property and needs to be cleared before
sale.

Oren

Oren
Now your closer to correct because you have specified the state under
which the law will be applied. You do know that the Nevada law is not
identical to the law in the other forty nine states don't you?
--
Tom Horne

"This alternating current stuff is just a fad. It is much too dangerous
for general use." Thomas Alva Edison

You only got Fu@ked a little, hire someone else to finish the job.
Check out www.MySturdyBuiltGarage.com for a guy that hired a really
bad contractor. EVERYONE should read the tips section of this site,
PRIOR to hiring a contractor. Good Luck!





wrote:
It turns out the contractor we hired to paint our house is unreliable.
He managed to get the primer on and some of the trim. The problem is
that the can states that the top coat must be put on within 30 days. Is
it absolutely necessary to stick to 30 days time limit? What would
happen if it is 1 or 2 weeks over?

On Sat, 08 Jul 2006 16:03:52 GMT, "Tom Horne, Electrician"
wrote:

Oren wrote:
On Fri, 07 Jul 2006 10:54:35 -0500, JimL wrote:

A lien doesn't give him the right to foreclose, merely to be paid when/if
the property is sold.
Wrong again.

How's that? In NV we Have Homestead Exemption that explicitly
prohibits your home from being sold for debt you owe.

A lien is just a cloud on the property and needs to be cleared before
sale.

Oren

Oren
Now your closer to correct because you have specified the state under
which the law will be applied. You do know that the Nevada law is not
identical to the law in the other forty nine states don't you?

Yes, ever jurisdiction is different.

I've lived in four states and never once heard of a person owed money
being able to take a person's home (foreclose) without some notice,
civil action, etc.

I understand a lien, but I do not comprehend a contractor that is owed
money being able to jump ahead in line of a mortgage lender that has
interest in the property.

Foreclosu

"The legal process by which an owner's right to a property is
terminated, usually due to default. Typically involves a forced sale
of the property at public auction, with the proceeds being applied to
the mortgage debt. "

Lien:

"A mechanics' lien claimant can sue to have the real estate sold at
auction and recover the debt from the proceeds. Because property with
a lien on it cannot be easily sold until the lien is satisfied (paid
off), owners have a great incentive to pay their bills."


Oren

On Fri, 07 Jul 2006 21:12:12 GMT, Norminn
wrote:

wrote:
It turns out the contractor we hired to paint our house is unreliable.
He managed to get the primer on and some of the trim. The problem is
that the can states that the top coat must be put on within 30 days. Is
it absolutely necessary to stick to 30 days time limit? What would
happen if it is 1 or 2 weeks over?

Have you had contact with him, tried, been given a reason for delay? My
unscientific opinion is that a couple of weeks won't hurt. Much longer,
and it might get dirty or oxidized a bit. Got a written bid with a time
stated for completion? Satisfied with his work otherwise? A lot would
depend on issues you have not stated. I don't trust AHR for legal
advice, but the paint label is "on your side" - job needs to be
completed. Unless he dropped dead, he should have contacted you to
explain the delay - good reason for hiring someone else.

I wouldn't trust AHR either, including me.

But Norminn seems to make a good point. The painter knows or should
know what it says on the can, and on the can it says he has to do the
next coat within 30 days.

You may have come here to hear that you have more than 30 days, but in
your dealings with the painter, you should assume the can is right,
and that a job of adequate quality can't be done unless he finishes
that next coat on time.

A suggestion I have never tried (In fact I hate and avoid doing
business with anyone, so this is only theoretical, but it seems to
make sense): If he wants two more weeks or a month, and if you're
willing to do that, because he does a good job, etc, get an addendum
to your contract for the extension with those terms that Thomas
mentioned "Unless you have a written contract which states that
failure to appear constitutes abandonment of the job, you are at risk.
Unreliable is a value judgment on your part that will not hold up in
court if he sues you for the entire contract price." That is, unless
Thomas is off the mark get a deadline, so that when he doesn't show up
the next time, you're totally free to hire someone else***.

Maybe you can agree on how much is owing at this stage if he doesn't
do anything more. (Maybe he did a lot of scraping and a one whole
coat, and only one coat remains, in which case more than half would be
owed now.)

It seems to me, as the 30 day limit approaches, you have the upper
hand in negotiating an addendum. Don't agree to pay more money, for
example. If you want more work done, put that in a separate contract
(with a deadline for starting and finishing.)



***BTW, afaik "unreliable" is subject to debate. He'll say the
weather interfered, that you had no deadline, that the 30 days is put
there to speed homeowners and is the most strict standard, but that in
this climate with this weather, one has at least 60 days, and you had
no agreement with him that he would paint every day, and he was coming
back, and that his wife's sister/father died and they had to go to the
funeral and make arrangements for her children.