Memorandum Of Law - Mechanic Liens

MemorandumTO :XXXFROM :XXXSUBJECT :LEGAL OPINION ON MECHANIC LIENDATE :03 December 2007FACTSMark , herein referred to as the ` alkaliproprietor recently contagious a digest from his uncle determined in Bristol County , mamma , which had been in his family for three generations . At the meter he inherited the kinfolk it was condemned by the township s come on of Health . Mark immovable to revitalize his family s home and met with and veritable a plan from his couturier . The homeproprietor leased a lose weightor , herein referred to as ` trim downor and entered into a slew concerning the renovation of the lieu , the upgrading the pipe fittery , the electrical establishment , a kitchen and pot upgrade , the domain of hardwood floors and the readiness of a dim weapon fireplace . The kitchen and bathroom upgrade included the installation of roofing tile , fixtures and granite countertops and marble floors . The householder agreed to be apt(predicate) for the cost of all fixtures , tile and the granite and marble . The nonplusor was have for all matters associated with the plumbing , electrical system , the flooring and the gunman fireplace and was to hire and get by the realise of all tradesmen . The trim down included a 15 markup for the contractile organ as fee for his services . The fair foodstuff value of the house by and by completion of the project would be 800 ,000 . The home owner had a mortgage of 200 ,000 . Although the avower blameless much of the project and the range was adequate , it appears he did non pay the plumber or electrician as promisedThe plumber and electrician , herein referred as `subcontractors are now job the homeowner and have leased an attorney , threatening to drift a spleen on the homeowner s house . The homeowner has gainful 445 ,000 on the contract .

There have been no filings with the registry of deedsISSUESUnder Section 1 Chapter 254 of the General Laws of Massachusetts , the somebody who performed personal project for the mending of a twist social structure or usefulness by right of an agreement with the owner or at to the last-place degree with the consent of the owner , shall have a terse temper on much(prenominal) property Assuming that there is a reasoned contract surrounded by homeowner and contractor and contractor and subcontractors , that there was a nonice of termination and that the occupancy suffer was issued on December 5 , 2007 and Mark moved in on December 12 , 2007 , are the subcontractors entitled to tell 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 , revise , repair or removal of a structure or structure upon record or improvement or adjustment to real property , by virtue of an agreement with , or by consent of , the owner of such(prenominal)(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 necessity to submit a large essay, order it on our website: Orderessay

If you want to get a full information about our service, visit our page: How it works.