공사대금 잔금 - ASK미국 - 미주중앙일보

l**e88**** 님 답변 답변일 4/11/2016 8:58:47 PM

A lien is a claim on a property for an unpaid debt or other obligation of the owner. If you are owed money for work on the home, the best course of action is to negotiate with the owner and work out a payment schedule. If this proves impossible, and you wish to place a lien on a home, there are procedures to follow and deadlines to meet. Each state has its own lien law, and before taking this step you should become familiar with it.

1. Active License contractor 만이 Lien을 할수있음
2. 공사시작하고 20일 안에 주인에게 Preliminary Notice를 보냈어야함.
In California, this is known as a preliminary notice. It should be furnished no later than 20 days after you begin to provide any benefit to the property in the form of renovations, improvements or repairs. The notice will preserve your rights to file a lien for no more than 20 days before the date it is served and runs through the completion of the contracted work.

3.After you have completed work, you have a limited amount of time within which to file your lien with the clerk of court or other public recorder. In California, this filing must be done with the county recorder after all the work is completed, or until you are excused from remaining work. The deadline runs at 90 days. If you are a subcontractor, this period of time extends to all work done under the primary contract.

l**e88**** 님 답변 답변일 4/11/2016 8:59:17 PM

4. Notice of Completion
If the owner records a notice of completion within 10 days of the work being completed on the property, the 90-day deadline becomes a 30-day deadline (for subcontractors) or 60 days (for primary contractors) from the date of the owner’s recording.

5.Foreclosure
After recording the lien, you must file a suit in civil court to enforce it. In California, this is known as a lien foreclosure, and you have 90 days from the date you recorded the lien with the county recorder to file it. The suit must name all parties holding an interest in the property, to the best of your knowledge. This includes owners, creditors, and anyone else who has recorded a lien. If you fail to file the suit, the lien is considered void.
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l**e88**** 님 답변 답변일 4/11/2016 9:04:04 PM

참고로 저는 California State License contractor입니다.

y**sk**** 님 답변 답변일 4/11/2016 9:13:40 PM

감사합니다 .(공사시작하고 20일 안에 주인에게 Preliminary Notice를 보냈어야함 )이걸 안보냈는데 공사시작 40일됐는데 지금 보내도 무방한지요?

l**e88**** 님 답변 답변일 4/12/2016 7:36:35 AM

님은 아마도 Mechanics Lien을 하지못할것같습니다
밑에를 읽어보십시오.

Preliminary Notice
In most states you must provide a notice to the owner of your intention to file a lien. In California, this is known as a preliminary notice. It should be furnished no later than 20 days after you begin to provide any benefit to the property in the form of renovations, improvements or repairs. The notice will preserve your rights to file a lien for no more than 20 days before the date it is served and runs through the completion of the contracted work.

l**e88**** 님 답변 답변일 4/12/2016 7:43:24 AM

Mechanics Lien을 하지못한다면
Small claim court에 File해보세요
$만불까지는 Claim할수있죠.
계약서가 제대로 되어있다면 (법적으로) 받을 확률이 확실합니다.

처음에는 모두 그렇겠지만 계약서를 쓸때 State contract law를 잘 읽어보기바랍니다.
안그러면 이런 골치아픈 일이발생할수있겠죠.

l**e88**** 님 답변 답변일 4/12/2016 7:54:34 AM

Lien을 할수없겠지만 Mechanic Lien 서류를 작성해서 주인에게 한번 보내보세요
Mechanics Form에 적어서 County clerk office에 접수하는데 얼마안듭니다

제경우 Country에 접수한 서류를 주인에게보냈는데
즉시 check을 보냈더라고요. 집뺏길까봐 겁이났겠죠.

20 day notice를 안보낸것은 나중에 court에서 문제가되는사항이지만
주인은 겁이나서 서류받고나면 잔금을 보내올확률이 많습니다
대부분의 집주인들은 Mechanic Law를 잘 알지못하거든요.

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