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Mechanic’s and Artisan’s Liens What if someone attempts to exercise a lien wrongfully, and there is...

Mechanic’s and Artisan’s Liens

What if someone attempts to exercise a lien wrongfully, and there is a dispute on whether any payment is due? What remedies does the person whose property has been wrongfully possessed have?

Solutions

Expert Solution

The main difference between artisan and mechanical lien is that:
Artisan liens is against personal property and its possessory while mechanic liens deals with real property
Artisan lien is purely based on labor rendered while mechanical lien is more based on the contractors and is extended to suppliers  
Mechanical lien is broader while artisan lien is a bit narrow
Where both liens are applicable
Artisan lien is applied when a laborer is not paid in full amounts after completing his or her work. It gives him a chance to retain personal property until such payment is made. Mechanical lien on the other hand is applied when contractors fail to pay mechanics their full dues.
Yes it is the most efficient way of recovering any loss that would be caused by defaulters in construction firms. It gives both laborers and mechanics a guarantee of being paid their full amounts after completing their work. It protects many builders from unfair exploitation from superiors
It is a fair way of recovering loss of service or product used by the victims. In the long run, both parties will receive justice. As long as none of the parties will have played well in their part, then it is only fair for liens to be used
Mechanical and artisan liens are applicable only if the service is rendered or the work assigned is completed dully. Therefore, there is no any other basis for liens
Remedies for wrongful lien will include injunction against any possession of property. The lien will therefore be released. The victims of wrongful lien are also given monetary compensation due cost of money. This is to ensure that the persons are given their dues and equitably compensated


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