Question
The state statute requires that a subcontractor file a notice of furnishings to perfect a mechanic's lien. The notice provides a public record that the
The state statute requires that a subcontractor file a notice of furnishings to perfect a mechanic's lien. The notice provides a public record that the subcontractor is furnishing work and/or materials. The statute requires that it be filed within 21 days from the time that the subcontractor receives notice that work has commenced.
Masonry, Inc., contracted with General Contractors, Inc., to do masonry work for The Southside Church. Masonry, Inc., did not file the notice of furnishings until the 30th day. General Contractors went bankrupt, and Masonry, Inc., was not paid. Masonry, Inc., looked to the church, which maintained that it paid General Contractors. The church insisted that Masonry remove its filing. Masonry refused to do so until the church paid it. What should Masonry do and why?
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