Vocabulary | Midterm Flashcards
Prime Contractor
A contractor who enters into a contract with the property owner, his/her agent or another contractor
Subcontractor
A contractor who gets into a contract with another contractor
Contract
An agreement, written or verbal, between two or more persons, which consists of a promise or series of promises
Mechanics Lien
Informs the home owner about the rights and responsibilities of a contractor
Home Improvement Contract
Agreement between a contractor and owner or tenant for the purpose of home improvement work
Small Claims Court
Dispute resolution where the amount must be under $10,000 unless you are an LLC or a Corporation
Arbitration
A dispute resolution that must be agreed to by both parties. The decision made is legally binding
Persons
human beings or business enterprises
Mechanic
any person who is skilled in the practical use of tools
Lien
binding legal claim placed on property
Mechanics Lien
one particular kind of lien placed on real (as opposed to personal) property - primarily on the structure and secondarily on the land on which the structure is located
Claimant
the person making the claim (the person filing the lien)
Conditional waiver and release
Use if you are paid in full and do not have money in hand - becomes effective when the check clears
Unconditional Waiver and Release
Use only if you have money in hand and are paid in full
Notice of Non-Responsibility
Written statement signed and verified by the owner or owners agent informing potential claimants that the work was not authorized by the owner and the owner will not be responsible for the payment
Notice of Completion
an official declaration that work on a project is finished
Notice of Cessation
Official declaration that work has stopped
Lis Pendens
Dispute pending
Perfecting the Lien
A claimant who is still not paid after recording a mechanics lien must then go to court and file a lawsuit
Strike
employees refuse to work until an acceptable agreement is reached
Lockout
employer prohibits the employees from entering the workplace until an agreement is reached
Collective bargaining
an agreement between a union and an employer
FIT
Federal Income Tax - employer is responsible for withholding and payment