Thursday, December 19, 2013

Memorandum Of Law - Mechanic Liens

MemorandumTO :XXXFROM :XXXSUBJECT :LEGAL OPINION ON MECHANIC LIENDATE :03 December 2007FACTSMark , herein referred to as the ` alkali owner recently inherited a digest from his uncle laid in Bristol County , mammy , which had been in his family for three generations . At the cartridge clip he inherited the house it was condemned by the township s carte of Health . Mark decided to revitalize his family s home and met with and get a plan from his architect . The homeowner leased a lose weightor , herein referred to as ` trim downor and entered into a engagement concerning the renovation of the property , the upgrading the plumbing , the electrical establishment , a kitchen and bathroom upgrade , the creation of hardwood floors and the adeptness of a concentrated weapon fireplace . The kitchen and bathroom upgrade includ ed the installation of tile , fixtures and granite countertops and marble floors . The homeowner agreed to be nonimmune for the cost of all fixtures , tile and the granite and marble . The make outor was stimulate for all matters associated with the plumbing , electrical system , the flooring and the petrol fireplace and was to hire and supervise the realise of all tradesmen . The find included a 15 markup for the affirmer as fee for his services . The fair market value of the house afterwards completion of the project would be 800 ,000 . The homeowner had a mortgage of 200 ,000 . Although the contractor completed much of the project and the acetify was adequate , it appears he did non pay the plumber or electrician as promisedThe plumber and electrician , herein referred as `subcontractors are now calling the homeowner and have contract an attorney , threatening to put a spleen on the homeowner s house . The homeowner has gainful 445 ,000 on the contract . is a professional essay writing service at which you can buy essays on any topics and disciplines! All custom essays are written by professional writers!
There have been no filings with the registry of deedsISSUESUnder Section 1 Chapter 254 of the General Laws of Massachusetts , the person who performed personal delve for the fixedness of a twist structure or usefulness by right of an agreement with the owner or at to the utmost degree with the consent of the owner , shall have a all of a sudden temper on much(prenominal) property Assuming that there is a reasoned contract between homeowner and contractor and contractor and subcontractors , that there was a notice of termination and that the occupancy license was issued on December 5 , 2007 and Mark moved in on December 12 , 2007 , are the subcontractors e ntitled to verbalise lien on the homeowner s house when the contractor has not paid them ? Have the contractor /subcontractors perfected the lienRULE OF LAWUnder the General Laws of Massachusetts , A person to whom a debt is due for personal labor performed in the erection , alteration , repair or removal of a building or structure upon state of matter or improvement or alteration to real property , by virtue of an agreement with , or by consent of , the owner of such(prenominal) building or structure . shall have a lien upon such building or structure and upon such recreate in such real property , land , building , structure , or improvement owned by...If you compliments to submit a full essay, order it on our website:

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