article thumbnail

Change in Georgia Lien Law

Constructlaw

This new law, which is codified at Title 44, Chapter 14, Section 366 of the Official Code of Georgia Annotated, substantially changes the way Georgia interprets statutory interim and final lien waivers. A lien waiver will do only that – waive liens against the subject property. Change in Law. ALA Constr. 44-14-366(a).

Lien 80
article thumbnail

Broad Form Lien Waivers No Longer Part of the Game in North Carolina

Best Practices Construction Law

And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to your lien rights. The law, effective March 1, 2022, states that a similar advanced or broad lien waiver as part of a progress payment is also not enforceable.

professionals

Sign Up for our Newsletter

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

article thumbnail

Texas Homestead Lien Rules & Requirements

Levelset

Mechanics liens are among the most powerful tools for contractors to ensure they get paid what they’ve earned on a construction project. In Texas, contractors must send multiple notices and meet strict deadlines to preserve their right to a lien if they need to file one. Rules & requirements for a homestead lien.

Lien 52
article thumbnail

The Utah Preconstruction Lien Process Explained

Levelset

Many Utah contractors are familiar with the construction lien process to secure payment for work or materials used in a building project. Utah actually gives them a similar payment tool, known as a preconstruction lien. However, the steps to claim one differ from the standard construction lien process. construction liens.

Lien 52
article thumbnail

The Bird Box Dilemma: When False Pay Apps and Lien Waivers Are Not Fraudulent Inducement

Best Practices Construction Law

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. certifications and/or lien waivers) to the prime contractors to obtain payment.

Lien 71
article thumbnail

#123:  Bonding Around a Mechanic's Lien

NH Construction Law

When a general contractor or lower tier subcontractor or supplier records a mechanic’s lien attachment on property, security for the lienor’s hoped-for judgment is achieved – but often something more, and perhaps unintended, is achieved. Consolidated Electrical Distributors Inc. Eclipse Construction, Inc. ;

Lien 40
article thumbnail

Can Restoration & Remediation Contractors File a Mechanics Lien?

Levelset

The variety of services they provide can create a lot of confusion around their right to file a mechanics lien if they don’t get paid. In an attempt to make things clearer, let’s look at what type of work restoration and remediation contractors can file a lien for — and what type of work is less likely to be protected.

Lien 52