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 .
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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: OrderCustomPaper.com

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