-Lien waivers to be signed from both xxx（GC1） and xxxx（GC2） and provided to buyer. -If any liens arise after the close, they will be seller xxx xxx's responsibility. -If above terms agreed to, buyer hereby Removes any and All Contingencies. 我的问题以上的contingency是非足够？第二条虽然说以后出现lien是seller的责任，但也想尽量避免因为到时出现这种情况也会麻烦多多，还有seller和GC的官司是否能和房子完全脱开？请老猫，柠檬大侠及懂行的提供一些建议，先谢了！
Liens can only added from "judgment debt", a debt owed by the property owner determined by a court judgment. So two parties had to sue each other in court first.
Mechanics Lien is different in that they don't need court judgments. A licensed contractor can add a mechanics lien to a property if there is a dispute about payment, without going through a court case. This helps small business contractors to at least stop the property being sold.
However, contractor cannot abuse mechanics lien process. Most states requires a mechanics lien be filed within 3 to 6 months after a service is provided. Additionally, the contractor had to sue within 6-12 months in order to turn the mechanics lien to a normal lien. Exact timeline depends on your local state law.
In your case, because GC1's last service was 2 years ago, GC1 cannot add any new mechanics lien now. If there is no existing mechanics lien on this property, I would not worry about GC1.
-Lien waivers to be signed from both xxx（GC1） and xxxx（GC2） and provided to buyer. -If any liens arise after the close, they will be seller xxx xxx's responsibility. -If above terms agreed to, buyer hereby Removes any and All Contingencies. I cannot advise without seeing actual contract content. For example, lien waivers are helpful, but the clause did not specify the actual content of the waiver. GCs could sign a meaningless lien waiver doesn't waive anything, and the seller can say condition satisifed, waive your contingency. The promise that future lien are seller's responsibility is an empty promise. Like I said earlier, mechanics lien usually can only filed within 3-6 months after service, (check your state law), it is worthwhile exploring the seller put some money in an escrow for that duration, until deadline for mechanics lien expires, to actually back up his promise with money. Of course negotiating these clauses requries a local attorney. I don't think you should skip actual legal service on this complicated issue.
But once the property is sold, it will not be part of the lawsuit.
Usually when a disputed property is about to be sold, destroyed, moved out of country etc, one party would file a temporary restraining order to stop the property being sold, destroyed, or moved.
Without doing that, the property would be sold, destroyed or moved, and sometimes the lawsuit would become irrelevant.
So in your case, if the title company did their job and found no liens or court orders, and the sale is completed, chances are the lawsuit would have nothing to do with the property.
But this won't stop people from adding liens to the house, you'll have to go to court to fight the lien mistakenly added to the house. That part I cannot gurrantee. I mean if GC1 won the lawsuit and he needed money and the seller won't give it to him, who knows what GC1 could do.
请教老猫，柠檬大侠及懂行的一些问题。
不久offer的一个没建完的房子被接受，在等contingency remove。因为第一个GC没有完全按图纸做产生了很多问题，seller雇了第二个GC同时在sue第一个GC。后来seller发现钱不够了（按我agent的说法）就只好卖这个没有建完的房子。这种情况对我来说主要风险是mechanical lien。title 公司说没建完的房子只能买CLTA Owner‘s policy，这种保险不能cover mechanical lien，但record前能保证没有lien（暂且希望能这样）。
另外第一个GC是大概两年前就停工了（发现他的license也过期了），第二个GC是今年接手，做了一些工。
现在的contingency是这样：
-Lien waivers to be signed from both xxx（GC1） and xxxx（GC2） and provided to buyer. -If any liens arise after the close, they will be seller xxx xxx's responsibility. -If above terms agreed to, buyer hereby Removes any and All Contingencies. 我的问题以上的contingency是非足够？第二条虽然说以后出现lien是seller的责任，但也想尽量避免因为到时出现这种情况也会麻烦多多，还有seller和GC的官司是否能和房子完全脱开？请老猫，柠檬大侠及懂行的提供一些建议，先谢了！Can J2 transfer to H1 without waver? Thanks.
Liens can only added from "judgment debt", a debt owed by the property owner determined by a court judgment. So two parties had to sue each other in court first.
Mechanics Lien is different in that they don't need court judgments. A licensed contractor can add a mechanics lien to a property if there is a dispute about payment, without going through a court case. This helps small business contractors to at least stop the property being sold.
However, contractor cannot abuse mechanics lien process. Most states requires a mechanics lien be filed within 3 to 6 months after a service is provided. Additionally, the contractor had to sue within 6-12 months in order to turn the mechanics lien to a normal lien. Exact timeline depends on your local state law.
In your case, because GC1's last service was 2 years ago, GC1 cannot add any new mechanics lien now. If there is no existing mechanics lien on this property, I would not worry about GC1.
现在的contingency是这样：
-Lien waivers to be signed from both xxx（GC1） and xxxx（GC2） and provided to buyer. -If any liens arise after the close, they will be seller xxx xxx's responsibility. -If above terms agreed to, buyer hereby Removes any and All Contingencies. I cannot advise without seeing actual contract content. For example, lien waivers are helpful, but the clause did not specify the actual content of the waiver. GCs could sign a meaningless lien waiver doesn't waive anything, and the seller can say condition satisifed, waive your contingency. The promise that future lien are seller's responsibility is an empty promise. Like I said earlier, mechanics lien usually can only filed within 3-6 months after service, (check your state law), it is worthwhile exploring the seller put some money in an escrow for that duration, until deadline for mechanics lien expires, to actually back up his promise with money. Of course negotiating these clauses requries a local attorney. I don't think you should skip actual legal service on this complicated issue.But once the property is sold, it will not be part of the lawsuit.
Usually when a disputed property is about to be sold, destroyed, moved out of country etc, one party would file a temporary restraining order to stop the property being sold, destroyed, or moved.
Without doing that, the property would be sold, destroyed or moved, and sometimes the lawsuit would become irrelevant.
So in your case, if the title company did their job and found no liens or court orders, and the sale is completed, chances are the lawsuit would have nothing to do with the property.
But this won't stop people from adding liens to the house, you'll have to go to court to fight the lien mistakenly added to the house. That part I cannot gurrantee. I mean if GC1 won the lawsuit and he needed money and the seller won't give it to him, who knows what GC1 could do.
Sorry I can't do tele-lawyering for you, you didn't even tell me which country / state you are in.
https://en.wikipedia.org/wiki/Lien_waiver
Mechancis Lien Waivers
https://www.cslb.ca.gov/consumers/legal_issues_for_consumers/mechanics_lien/conditional_and_unconditional_waiver_release_form.aspx
Mechanics Lien FAQ
https://www.cslb.ca.gov/consumers/legal_issues_for_consumers/mechanics_lien/
RTFM