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 situated in Bristol County , mamma , which had been in his family for three generations . At the measure he inherited the house it was condemned by the township s display panel of Health . Mark decided to revitalize his family s home and met with and authentic a plan from his architect . The homeowner leased a lose weightor , herein referred to as ` trim downor and entered into a disregard 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 adroitness of a lumbering weapon fireplace . The kitchen and bathroom upgra de included the installation of tile , fixtures and granite countertops and marble floors . The homeowner agreed to be conceivable for the cost of all fixtures , tile and the granite and marble . The compactor was induce for all matters associated with the plumbing , electrical system , the flooring and the hitman fireplace and was to hire and supervise the realise of all tradesmen . The choose included a 15 markup for the contractile organ as wages for his services . The fair market value of the house after(prenominal) 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 pop off 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 hire an attorney , threatening to put a spleen on the homeowner s house . The homeowner has gainful 445 ,000 on t he contract . There have been no filings wit! h the registry of deedsISSUESUnder Section 1 Chapter 254 of the General Laws of Massachusetts , the person who performed personal delve for the mend of a twist structure or usefulness by right of an agreement with the owner or at to the lowest degree with the consent of the owner , shall have a light 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 suffer was issued on December 5 , 2007 and Mark moved in on December 12 , 2007 , are the subcontractors entitled to verbalize 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 remotion of a building or structure upon pull down or improvemen t or alteration to real property , by virtue of an agreement with , or by consent of , the owner of such 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 indirect request to submit a full essay, order it on our website: OrderCustomPaper.com

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