article thumbnail

Be Ready to Lien in 2009 (But be Careful)

Help Everybody Everyday

2009 is likely to be a year in which many construction liens are filed. As all of us in construction know, and as reported in the AGC Smart Brief , the beginning of 2009 and through 2010 will likely show an even greater downturn in the commercial and residential markets. Kaled Naser, et. CL07-5431 (Va. Kaled Naser, et.

Lien 48
article thumbnail

Washington Law Protects Contractors from Dangers of Frivolous Lien Statute

Construction Law Monitor

A quick word from the construction law case files: The Court of Appeals, Division 1, out in Washington state, has refused to deem a construction lien as frivolous based upon the complexity of the construction contract at dispute. Issues of substance of the lien (i.e. Issues of substance of the lien (i.e. of Washington v.

Lien 40
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

constructionattorneyblog: illinois supplier denied mechanics lien

Construction Lawyer

illinois supplier denied mechanics lien. An Illinois appellate court has affirmed the trial court's summary judgment against a lumber company's mechanics lien. Hillside filed a counterclaim to foreclose its mechanics lien. March 13, 2012 in litigation , mechanics liens | Permalink. mechanics liens.

Lien 40
article thumbnail

constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer

LEED project managment software » May 21, 2009. Subcontractors Mechanics lien allowed where bank seized generals funds. 107108 (May 21, 2009), has ruled in favor of the subcontractor in enforcing a mechanics lien. Funds subject to a lien waiver are required to be held by the owner in trust for the subcontractor.

Lien 40
article thumbnail

Idle Equipment not entitled to Lien in Missouri

Construction Lawyer

« Economic Loss Doctrine bars Nevada claims against Architect | Main. | » April 20, 2009. Idle Equipment not entitled to Lien in Missouri. A Missouri court has affirmed a trial court ruling in favor of a lien claimant, but at an amount reduced by the trial court to reflect the value of the idle time for the equipment.

Lien 40
article thumbnail

#122:  Construction Loan Disbursement Pitfalls

NH Construction Law

Worse, the contractor or one of its unpaid subcontractors could place a mechanic’s lien on the property – which is sure to result in a breach of the owner/borrower’s loan agreement! Don’t count on it. In Coachman Estates of Barrington, LLC v. REI Service Corporation , No.

Banking 40
article thumbnail

PACE Bill Due in Baltimore City

Green Building Law Update

In the event of a default, the amount in default (but not the entire principal of the PACE loan) is a liability that is a property tax lien collected by the local government with the priority associated with other real property tax liens, so existing mortgage holder consent to a PACE loan is required. Maryland is typical.

Baltimore 120