Asked by Katherine Fafian on Jun 08, 2024
Verified
Jones hired Smith,a general contractor,to build a garage as an addition to Jones' home,located in Pennsylvania.Smith hired Adam to do the roofing work on this garage.All the work was done satisfactorily,and at the completion of the work,Jones paid Smith the agreed price.However,Smith never paid Adam for his work.Three weeks after Adam finished his work,he filed a mechanics' lien against the property and demanded that Jones pay him for his work.Which of the following is most correct under the Pennsylvania system?
A) Jones need not pay Adam because he has already paid in full for the garage.
B) Jones need not pay Adam because Adams' contract is actually with Smith in this case.
C) Jones should pay Adam because Adam has the right of redemption.
D) Jones should pay Adam because he can enforce his lien claim against the property.
Mechanics' Lien
A legal claim against a property by construction workers, contractors, or suppliers for unpaid labor or materials.
Pennsylvania System
A penal system, also known as the separate system, developed in the 19th century, focusing on solitary confinement and individual penance as a form of rehabilitation.
General Contractor
A principal contractor who is responsible for the oversight of a construction project, managing subcontractors, and the coordination of the work on site.
- Familiarize oneself with the legal protocols and obligations involved in setting up and applying mechanic's and materialman's liens.
Verified Answer
J.
Josephine .ParienteJun 08, 2024
Final Answer :
D
Explanation :
Under the Pennsylvania system,subcontractors or materialmen have direct liens and are entitled to liens for the value of labor and materials furnished,irrespective of the amount due from the owner to the contractor.Under the Pennsylvania system,a breach by the general contractor does not affect the lien rights of subcontractors or materialmen.
Learning Objectives
- Familiarize oneself with the legal protocols and obligations involved in setting up and applying mechanic's and materialman's liens.