Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-12-22
MECHANICS, LIEN LAW.


WHY MEASURE DESIGNED IN THE INTERESTS
OF THE POOR HAS TIE OPPOSITE EFFIcr-r
ALLOWS ''scAMP" BUILDERS TO REAP RICE
HARVEST.
There il considerable dissatisfaction among
9 great many people in regard to the present
lien law. Those who are familiar with the
operations Of the law characterize il as a
vicious piece Of legislation. An effort was
made at the last session Of Congress to secure
what was considered as needed amendments,
but nothing was accomplished except the in
PRODUCTION Of two bills, one in the House and
the other in the Senate. The latter bill pro-
posed modification of the present law allow
ing execution for personal services, to an
amount not exceeding 800, upon all property.
The House bill proposes an amendment to
section one of the present law, which was ap-
proved July 2, 1884. This amendment provides
that no lien shall attach for materials con-
tracted for or furnished. unless the person con-
tracing for or furnishing the same gives notice
In writing to the owner Of the property to be
affected by the lien, if such owner is not the
purchaser OF such materials, that he intends to
claim such lien"
both OF these measures are now pending be-
fore Congress, and it is likely that some effort
Will be made. especially by those most directly
anected by the law, to induce Congress to
change some features which are objected to.
In Its main feature the present law provides
that a lien may be filed during the construc-
ton Of the building or within three months
after the completion of such building. Such
liens are preferred to all judgments, mortgages,
deeds OF trust and encumbrances which attach
subsequent to the commencement of work on
said building. Such a lien shall have priority
to all advances made by the owner of the land
to the builder for the erection of the building
after the filing Of said notice of lien.
The act itself is quite lengthy but its prac-
tical bearings may be understood from the
brief synopsis given above. As to the
effect of the law upon building opera
tions in this city the architects are in a posi-
ton to be pretty well informed. They, as a
money is expended, and through them the con-
tracts for the erection of a building are con-
cluded and the payments made
A number Of the architects have been inter-
viewed by STAR reporters and their views are
given below.
WHAT MR.. CLUss THINKS.
Both Messrs. Cluss annd Schulze, of the firm
of that name. are Of the opinion that the pres
ent law is defective and dangerous.
Il have not been able to give the subject
much thought and attention." said Mr.. Cluss,
but have always been satisfied that the
mechanics lien law now in force is bad one.
IL gives scamps and irresponsible fellows a
chance to make money at the expense of the
property-owners. 1t gives them the OPP
portunity to obtain credit from mer-
chants with whom they have no
credit, because the dealer is always secure.
whether the builder or the contractor pays him
or not. He knows that he is sure of his money
in any case, for with the ninety days time the
law allows him. he can put lien on the prop
ccrty covering the debt, for which the owner is
III no way responsible. Although am satisfied
that the law should be changed. have not had
the time to apply myself to the work of Sc
curing its repeal or modification. Yet from
what have heard in discussions among other
architects. think it looks as though the law
will soon be changed"
DO you think that as the law now stands an
owner can in any way make himself absolutely
secure" asked the reporter.
1t may be DONE" was the dubious reply,
''but the chances are all against it. The law
gives chance for SO much roguery that there
Is hardly any precaution that will make the
owner safe. Here is bad feature of the law:
Washington probably contains proportion
ateiy larger poor population than any other
city in the country. The colored people are
counted as one-third of the citys inhabitants.
and they may be almost without exception
classed as poor. There are besides a great
number of poor white people. These. adj
ded to the one third, make almost
half of the people here poor peo-
pie. This class of population demands the
construction Of great number of small
houses, and it is in this field that the scamp
builder gets in most of his work and where he
can take advantage of the lien law to the best
effect. In many cases know of the savings
OF poor people who have started to build little
homes having been utterly swept away under
the operation of this law.
"A lien law is necessary, and at the same
time it is one of the hardest measures to frame
with the least injustice. 1t has to be a growth
of time. As the bad features show themselves
they must be remedied by amendments. and so
1t takes years often to secure perfect or nearly
perfect law for the protection of mechanics
The present law secures this object perfectly,
but at the expense of the owners. the architects
and OF honest builders. 1t is too great cost"
In reply to the reporters question as to
whether he had in mind lien law that has
operated justly and would serve as a model for
the District Mr.. Schulze said that he thought
the law in operation in Massachusetts, was
as good as could be found. He added that in
his opinion the present District law is faulty
In that it gives too much time to creditors
ninety days-in which to place their lien on
the property; it should be reduced to thirty
days, which he considered sufficient.
THE VIEWS OF COL. FLEMING.
Mr.. Robert 1. Fleming has given the subject
of liens and lien laws considerable study dur
business in this city.
u
obtain an amendment of the present lien law"
he said, but l nevertheless believe that the
law is defective. There is no doubt in my mind
but that the old law, which this one superseded,
is as good as could be framed. This law pro-
vided that no one but the chief contractor
could file lien on the property. while all 9TH
labOrers sub-cOntractOrs and
upply-merchants-must present their bills
to the owner as soon as the chief
contractor refused to pay the debts.
If the owner owed the chief contractor
he should then satisfy these claims
out OF the amount yet due, provided he was
satisfied they were valid. In case he did not
owe the contractor the bills could not stand.
In this way the owner was immediately notified
of claims upon him, whereas under the present
law he cannot tell whether he is clear or not
for three months after his house is completed.
There is another defect in this law. These liens
may be filed within ninety days of the date of
Of the building but it is one of the
most difficult things known to determine the
exact date OF the completion of building,
There are 30 many branches; there
may be board yet to be nailed
or some plumbing to be attended
to. or a screw turned, or the gas fl xtures to be
in fact, hundred little things
about the structure may give rise to DELAYS, SO
that in point of fact the exact time of compile
ton may be made a very indefinite quantity.
This question has occasioned considerable liti-
CATION, and causes a good deal of confusion in
the application of the lien law. Now have
had little or no trouble on account of the de-
fects in the law for Ihave adontad a for,,, 30