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Understanding the Law: Mechanics Lien

Overview
Mechanic’s lien generally seeks to protect the interests of parties who contribute to the improvement of property against unfair enrichment of property owners. The law also safeguards interests of suppliers as well as workers who provide services which lead to the improvement of property.

Mechanic’ lien law is generally technical and complex.
Any party that supplies services and/or materials to improve personal or real property that belong to another party ought to learn the fundamental rights provided by the law.

Privity of contract
Privity of contract usually exists between contractual parties. In this case, even though privity of contract may not directly exist between the property owner and a supplier of services/ goods, a supplier has the liberty of imposing a mechanic’s lien on the proprietor whose personal or real property has been improved as a direct result of the supplied services/ goods.

Who can assert the lien?
Parties who can assert mechanic’s lien against the owner of property include (but are not limited to) the following: contractors, surveyors, subcontractors, engineers, suppliers of materials, architects, equipment renters as well as workers.

Amount
Generally, a claimant who wishes to enforce lien is legally entitled to the contract price or reasonable value of materials and/or services that have been supplied to that project. In most legal jurisdictions, the amount of mechanic’s lien depends on the amount that has already been offset by the owner, among other factors.

Notice of lien
Ideally, a supplier of materials ought to provide the property owner with notice shortly after, or just before supplying materials for the first time. If the supplier fails to do this for one reason or another, the claim may be rendered voidable/ unenforceable.

Priority of lien
Are you aware that in most states, mechanic’s lien claim relates back to the day when construction on the property first began? In other jurisdictions, it goes back to the day when the supplier first delivered materials or labor to the project site.

Are you also aware that a mechanic’s lien ranks above other liens such as construction loans? However, in other jurisdictions, it merely provides rights that are subordinate and subject to already existent liens.

Notice of commencement
This is an important document that the property owner records/ files to give official notice about commencement of the project. It can also be filed by the general contractor.

Preliminary notice
Mechanics lien can only be enforced if the claimant officially provided notice to the property owner as well as other concerned parties about commencement of work.

It should give a declaration that a lien claim will be filed if the claimant fails to receive all the payments due.

For more information about mechanics lien, visit www.mechanicslien.com

 

 

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Do You Really Need to Lawyer Up?

Trauma is one of the worst things that can befall a family or an individual. As soon as something traumatic happens to a member of your family, your world falls apart. All your priorities change nearly instantaneously. When something like an injury occurs to someone you love or to yourself, seeking treatment and therapy is the first thing on your list.

The problem is that this is easier said than done. Every now and then when you are struggling to deal with trauma that has impacted your life negatively, you might find yourself wondering whether it might be a good idea to hire a lawyer and see justice done.

See Justice Done, No Matter What

If the changes in your life have been brought about by the malicious intent or the negligence of someone else, and these changes are now draining your assets, strength, and mental wellbeing, whoever caused it needs to be held responsible for their actions.

Politeness flies out of the window when justice enters the room. You have to stand up for your rights as an individual. This is the only way to get the closure you need to move on from the incident. Additionally, you get the financial support you need to receive treatment for your injuries.

Don’t Make Excuses to Stay Out of Court

The problem with many people who refuse to look for a lawyer to represent them is that they don’t want to go to the trouble of appearing in court and dragging a suit on for days at a time. Excuses. If you hire the right lawyer, your troubles will be gone in the blink of an eye, and you won’t even lose any money while doing it.

Always pick the right lawyer for your case, though. For example, there are specializations in personal injury law such as spinal cord injury law, where the practitioners have far more experience in dealing with individual cases.

The Advantages of Working With a Law Firm

Some of thebenefits of hiring a law firm to help with your personal injury case include:

  • Expertise in settlement negotiation and trial proceedings: representing yourself in court if you aren’t an experienced lawyer is a rather foolish thing to do. You won’t know any of the legal terms used, and you will probably be decimated by opposing counsel.
  • Settlement experience with insurance companies: remember that amazing check you got from the insurance company after the accident? Well, the fact is that amount wasn’t even close to what you should be getting. Lawyers with experience in this field can negotiate better settlements with insurance companies.
  • Resources: a law firm has a huge array of resources and personnel employed to work on your case. The lawyers are some of the best in the business and can build you a foolproof case that will definitely show that you are in the right.

Remember that most companies and individuals don’t want to be dragged into court either. Hiring a lawyer usually means you can look forward to a settlement offer somewhere down the line. Always work with the professionals to get your personal injuries tended to properly.

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4 Things You Should Know About Legal Funding & How It Works

When an unexpected accident or personal injury from drugs occurs, it often brings with it unexpected financial burdens, in terms of both your health and legal expenses. These times can be rather difficult and may put you or your family in need of support. Legal funding programs and services – such as UpLift – help provide settlement loans in order to help support those experiencing financial problems during these trying times.

Security You Need
The greatest benefit of getting a settlement loan is it provides the security you need during the legal proceedings that you need to undergo. It gives you the breathing room you need to get through the settlement process and maintain your regular lifestyle.

Legal Funding Isn’t Exactly a Loan
Although these processes function much like a loan, you are in essence pre-purchasing a portion of the potential future settlement you would gain from a successful case. While you may need to pay interest on this the same way that you would a loan, it really functions as an advance. Unlike a loan, this advance has no monthly payments, points, or upfront fees, since the legal funding company purchases a portion of the client’s potential future receivable by advancing the client the funds.

Fees are never paid upfront, which gives you the breathing room to pursue your settlement. Legal funding is also a non-recourse process, which means that plaintiffs and attorneys are not forced to repay their advances, protecting you from legal action.

There are Two Main Types of Legal Funding
There are two main types of legal funding, pre-settlement and post-settlement. As you would expect, pre-settlement loans are available prior to a settlement amount being determined while post-settlement loans are available after a settlement amount has been determined. These are the only courses of action for plaintiffs as the other two types of funding – voucher funding and attorney line of credit – are available strictly to attorneys.

Pre-settlement funding provides plaintiffs and attorneys access to funding throughout the course of their settlement. In some cases, this will be essential and will greatly boost your hopes of settling the case, paying all of your related expenses, and ensuring comfortable living during the process. Pre-settlement funding has higher interest rates because there is more risk involved for the investor. This is is for people that require capital in order to sustain their case through to settlement.

Post-settlement funding provides plaintiffs and attorneys advanced funding after a settlement has been reached. This reduced the risk for the investor, lowing the interest rates you’d have to pay on this funding. However, it also means you will have to wait until after your case settlement (up to a few months) for the advance. This will still get you funds advanced for your use, but you will not have them for the duration of the case. This is for people that require an advance but do not want to assume the high interest rates that comes with a pre-settlement funding.

Let’s You Get Back to Your Life
While there are stresses involved with taking out a settlement loan, there are also many stresses associated with accidents and in undergoing the long process of a settlement and potential case. Getting a settlement loan for your pharmaceutical drug case could potentially help give you the freedom and security to live your life comfortably while you go through this process.

It is an ideal way to help relieve some of the major stresses that come with the drug accident you endured. Many people pursuing legal funding will apply for pre-settlement funding in order to help them through the process and ensure that they continue on with their lives.

UpLift Legal Funding Can Help
UpLift Legal Funding is an online platform in which you can get funding for your pharmaceutical drug settlement loan, helping to support you through the process of your case. They use an online platform, resources, and community to find legal funding quickly and efficiently that will get you through your case.

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Benefits Of Hiring A Business Lawyer In Ottawa, Ontario

If you’re a small business in the Ottawa, Ontario area then you can greatly benefit from the legal services of Smutylo Law where complex situations are handled with care and the mission objective is always long-term success.

There are many reasons why you or your business may be in need of legal assistance and it is always better to be informed in order to make the right decision.

One of the main reasons for seeking legal help is litigation.  These lawsuits typically occur when two or more parties require the courts to settle a dispute.  An experienced litigation lawyer is able to assist you in preparing documents and presenting them during proceedings.  One should never go into a lawsuit without having a concrete plan of action and that’s exactly what litigation attorneys specialize in.

Unfortunately, sometimes disputes occur in business practices and cannot be solved by much simpler mediation, negotiations or arbitration.  If this has happened to you, a litigation lawyer is essential.  Acting as your representative for your institution or organization in a wide variety of cases such as complex contracts, financial audits, professional business relationships, investigations, torts or class actions.  Going into these situations without the necessary knowledge can be like shooting yourself in the foot.  Often extremely complex, litigation cases are rarely cut and dry and many businesses don’t even know what their rights are.  A business attorney is able to simplify and create a plan that will help your business receive justice.  Government regulations, restrictions and guidelines are often strict and force corporations to abide by them.  Failure to abide often results in steep fines or other serious repercussions.  The thing is, that businesses are meant to follow all applicable regulations, but those regulations are often vague and confusing.  How can your business ensure it is on the straight and narrow?  Making use of a business lawyer to explain all matters and suggest a viable course of action.

This is no different in real estate law, wrongful termination law, estate planning, technology law, tax law or franchise law.  There are many fine points to keep on top of and most business owners will be hard pressed to find the time to fully understand the situation they are in.  Every business has had the need to address at least one of these topics in the course of operation.

Business lawyers can help protect your personal and businesses assets no matter the size of your business.  This is especially crucial if your business is being sued and finances are at stake.  It is prudent practice not to wait until the summons to court is received but take action the moment something becomes different.

The law can seem like a labyrinth maze, in that one never knows which way to turn or how to extricate ones business from a bad situation.

Whether your business is large or small, the experienced lawyers at Smutylo Law are here to help.  The team has the experience needed to help any business in any situation and has connections to outsource consultants in specialized fields. In the arena of law, reputation and the track record is everything to a law firm and Smutylo Law is a standout performer.  Their specialties include business law, technology law, franchise law, software law, workers compensation law, helping with estate planning and they are also known as the premiere tax law attorneys Ottawa, Ontario.

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