Levelset

MARCH 30, 2022

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

Lien Texas Residential Claims 52

NH Construction Law

MARCH 26, 2023

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

Lien Subcontracting New Hampshire Bargains 40

Best Practices Construction Law

DECEMBER 18, 2019

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. Mass) (Dec.

Lien 71

Lien Claims Massachusetts Contract 71

Levelset

APRIL 1, 2022

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

Lien Contractors Inspections Consulting 52

Constructlaw

OCTOBER 20, 2022

A New York appellate court recently affirmed the dismissal of a subcontractor’s counterclaims for delay damages and for unpaid amounts because they were barred by the parties’ no-damage-for-delay provision and executed lien waivers, respectively. Pizzarotti LLC, a construction manager, sued its subcontractor, X-Treme Concrete, Inc.,

Lien 52

Lien New York Subcontracting Claims 52

Construction Equipment

JANUARY 13, 2016

When a construction company has difficulty getting paid, state laws allow it to file a bond claim or mechanics lien. Nate Budde, chief legal officer for zlien , discusses the importance of providing preliminary notice and the risks of filing the claim. Read Budde's advice on protecting your company from nonpayment here.

Lien 48

Lien Claims Legal Risk 48

Construction Dive

MARCH 19, 2020

The owner of the Dalmar Hotel in Fort Lauderdale claims it's due $12 million in damages from the general contractor over defective work, including malfunctioning elevators and water leaks.

Claims 72

Claims Lien Florida Contractors 72

Best Practices Construction Law

AUGUST 24, 2012

He is the founder of Zlien.com , a national mechanics lien filing and compliance management service. Scott writes the Construction Lien Blog , which analyzes construction lien laws and regulations across the nation. Understand What Type of “Lien” Is Available. I hope you enjoy. + + + + + + + + + + + +.

Lien 48

Lien Claims Debt Florida 48

Best Practices Construction Law

SEPTEMBER 13, 2018

The new statute, signed into in May 2018, immediately created a cause of action providing for remedies for the successful challenge of the validity of a lien against a property. 4) Any actual damages incurred by the owner. 4) Any actual damages incurred by the owner.

Lien 59

Lien Tennessee Banking Agreement 59

Best Practices Construction Law

SEPTEMBER 25, 2020

The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

Compensation 97

Compensation Lien Claims North Carolina 97

NH Construction Law

OCTOBER 7, 2018

The owner then counterclaims for the cost of correcting items of poor workmanship and for the cost of completing the unfinished work (which the owner claims will exceed the unpaid contract balance), and perhaps for delay damages as well. The lien is a matter of right so long as it is timely and properly perfected. D ’ Amour , No.

Lien 40

Lien Claims Contract New Hampshire 40

Construction Dive

MAY 28, 2014

By Bruce Jervis Most state mechanic’s lien statutes provide that if a lien claimant willfully exaggerates the amount of its claim, the lien may be declared null and void. Mechanic’s liens provide lien claimants with tremendous leverage against project owners.

Lien 51

Lien Claims Subcontracting Legal 51

NH Construction Law

FEBRUARY 29, 2020

The requirement in RSA 447:9 that a mechanic’s lien must be secured within 120 days of the lienor’s last furnishing of labor or materials has occasionally spawned disputes over what counts as that last day. ’ Work of that nature could be found not to be such as to extend the duration of plaintiff’s lien.”

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Lien Contract New Hampshire Materials 40

Construction Dive

JUNE 23, 2020

GCs and subs including Balfour Beatty and Rocky Mountain Amusements filed the claims after several theme parks were shut down in response to the COVID-19 pandemic.

Lien 96

Lien Florida Claims Construction 96

Levelset

AUGUST 25, 2022

Texas lien law: ‘Retainage’ or ‘reserved funds’? In 2021, Texas enacted some sweeping changes to the mechanics lien process effective on projects where the original contract was entered into on or after January 1, 2022. The main changes came in the form of simplified notice procedures and lien filing deadlines.

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Texas Lien Claims Contract 52

Construction Dive

OCTOBER 22, 2014

By Bruce Jervis Mechanic’s liens usually provide contractors and subcontractors with their most effective form of payment security on private construction projects. But, contracts sometimes call for constructors to waive or limit their lien rights before they have even performed the work. Are they conscionable?

Lien 51

Lien Claims Security Contract 51

Construction Law Monitor

MAY 3, 2013

True: deadlines dictate when it comes to securing your lien rights. In the construction world, there is no doubt that the deadlines for securing your lien rights are rigid and unforgiving. If you have not filed your lien by the applicable date, you have relinquished that right permanently. The “Back Door Lien”.

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Lien Contract Accounting Louisiana 64

Levelset

JUNE 16, 2022

When payment problems come up, contractors on public projects can’t turn to the mechanics lien for the solution — both the federal and state governments prohibit private companies from gaining interest in public property. New Jersey bond claim laws & liens on contract funds. Preliminary notice requirements.

New Jersey 52

New Jersey Lien Claims Contract 52

Construction Dive

NOVEMBER 12, 2014

By Bruce Jervis A mechanic’s lien is a contractor’s best form of payment security on a private construction project. State lien statutes specify the timely steps a contractor must take, from notice to filing to foreclosure. The increase reflected work performed, but not yet billed, prior to recording the lien.

Lien 48

Lien Contract Claims California 48

Construction Law Monitor

APRIL 5, 2012

Attention all home owners or property owners, there is only one surefire way to have that annoying illegal lien (in Louisiana called a statement of claim and privilege ) removed from the title of your property, a Mandamus action. is the origin of the rules which govern construction liens for private projects in this state.

Lien 58

Lien Louisiana Claims Construction 58

Construction Law Monitor

JUNE 23, 2011

Mechanics Liens used to be a cornerstone topic on this blog; meaning I would write an article about filings, foreclosing and/or litigating a mechanics lien quite frequently. In fact, over the years I sort of consider myself a “lien guy.” So, where has all of the mechanic lien posts gone?! Miller Act Claims.

Lien 44

Lien Resource Claims Oregon 44

Levelset

MAY 11, 2022

Generally, companies aren’t able to file mechanics liens on public projects unlike with private projects, as the federal government — and many states — prohibit private entities from claiming an interest in public property. New York bond claims. Payment protection on New York public projects. times the amount owed. Matt Viator.

New York 52

New York Claims New York City Lien 52

Levelset

JUNE 3, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as both the federal and state governments explicitly prohibit private entities from claiming an interest in public property. Washington State bond claim laws. Download a Washington State Notice to Contractor form.

Washington 52

Washington Claims Lien Contract 52

Constructlaw

SEPTEMBER 12, 2022

Entities furnishing work or materials have several statutory means to enforce their rights to payment, including mechanic’s liens, payment bond claims, and/or claims for violation of state prompt payment laws.

Lien 52

Lien Claims Construction Materials 52

Fieldwire

AUGUST 14, 2023

Retainage does not extend the mechanics lien deadline A mechanics lien is perhaps the most powerful tool that contractors have to force payment. Mechanics lien laws have specific deadlines that contractors must follow. If they let the filing deadline lapse without filing a lien claim, lien rights may be lost forever.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Construction Law Monitor

APRIL 17, 2012

Here at Wolfe Law Group , I have been blogging a lot lately on liens for both public and private projects ( See other posts here ). Since the state owns the land, there are no security devices , such as a lien that can attach to the land and call for its foreclosure in the event of default or non-payment. 38:2241 et seq. ).

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Lien Claims Louisiana Security 56

Construction Law Monitor

JANUARY 4, 2012

Over the past holiday season, I was at a Christmas party discussing with a friend of mine who runs an electrical supply company here in South Louisiana, the intricacies of notice provisions before a company like his can file a lien on a private project. My office constantly invalidates liens that were not filed correctly.

Lien 76

Lien Louisiana Leases Equipment 76

Levelset

MARCH 21, 2022

However, if the insurance company doesn’t pay, denies the claim, or adjusts it down, then the property owner is responsible for paying for the restoration work. Protect your lien rights. The right to file a mechanics lien is the most powerful tool in your toolbelt. A mechanics lien allows you to guarantee payment from the owner.

Cash Flow 98

Cash Flow Insurance Lien Management 98

Construction Dive

FEBRUARY 13, 2013

By Bruce Jervis It is standard for construction contracts to require that each payment application include affidavits and lien waivers. But it would be a mistake to assume the requirement is mere “boilerplate” of little concern. A recent case out of Mississippi is an example.

Lien 48

Lien Subcontracting Mississippi Claims 48

Levelset

APRIL 15, 2022

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. AOBs take the homeowner out of the claims equation. Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 52

Construction Dive

JULY 23, 2015

Laborers, living paycheck to paycheck, are granted priority claims to the contract proceeds. Mechanic’s liens, while primarily utilized today by corporate constructors, were originally designed to provide payment security to individual tradesmen.

Claims 48

Claims Lien Union Security 48

Construction Marketing Ideas

FEBRUARY 13, 2016

The Cobb Law Group’s Georgia Construction, Bond and Lien Law Blo g provides practical information for contractors doing business in Georgia. The Cobb Law Group’s Georgia Construction, Bond & Lien Law Blog clearly states its focus in its title. Watch Out for Georgia’s Lien Waivers. Payment Bond Claims.

Georgia 48

Georgia Lien Contract Construction 48

Construction Law Monitor

JANUARY 24, 2011

Athletic’s Field took the Washington mechanic lien world by storm last year, when it declared a mechanic lien invalid even though the claimant used the specific form provided by the statute. Williams v. House Bill 1475 can be viewed here. RCW” If passed, the act would take effect on January 1, 2012.

Lien 56

Lien Washington Claims Housing 56

Construction Law Monitor

JULY 19, 2011

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. The court in SD Deacon Corp. of Washington v. Gaston Bros.

Lien 40

Lien Washington Contractors Claims 40

Best Practices Construction Law

MARCH 20, 2018

The contractor later filed a lien for approximately $200,000. The trial court awarded the contractor its claim for damages, and the owner appealed. While the contractor was unable to pass “Go” to immediately collect its $200,000, its claims were not totally lost.

North Dakota 75

North Dakota Contractors Lien Claims 75

Federal Construction Contracting Blog

MAY 9, 2022

On a private project, a subcontractor may file a mechanic’s lien to secure its right to payment. However, when the owner is the federal government, a subcontractor has no lien rights. Instead, the subcontractor must pursue its claims via the Miller Act. However, the right to make such a claim does not last forever.

Claims 52

Claims Contract Lien Materials 52

NH Construction Law

OCTOBER 30, 2021

A few years back I blogged ( #44 ) on the relative priorities of construction mortgages and mechanic’s liens under RSA 447:12-a. Regardless of who recorded first at the registry of deeds, that statute affords priority to mechanic’s liens except in two scenarios. ” Id. at 54 (emphasis in original). Sullivan Co.

Lien 40

Lien Construction Banking Claims 40