Construction Lien Removal Suit in Louisiana

Construction Law Monitor

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.

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California Lien Law In For A Change…

Construction Law Monitor

Over the past few years the California Legislature has been tinkering with its construction lien laws, both public an private. Mark Budwig of Government Contracts Advisor posted these in his March 2, 2012 post.

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Missed Your Lien Deadline – What Now?

Construction Law Monitor

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. Liens Are One (Important) Part of a Bigger Picture. There is no overstating the significance of the mechanic’s lien. The “Back Door Lien”.

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Sworn Statement of Amount Due – Louisiana’s Public Lien

Construction Law Monitor

Here at Wolfe Law Group , I have been blogging a lot lately on liens for both public and private projects ( See other posts here ). One way for a contractor who has a sub on any tier below it to cancel the Sworn Statement of Amount Due filed, is to “bond off” the lien.

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Getting Paid – Notice of Contract Filing

Construction Law Monitor

In common terms, the PWA allows you to lien property in order to secure your right to payment. The subject discussed here is one such limitation: the requirement of filing a notice of contract for certain projects. What is a Notice of Contract? Why File a Notice of Contract?

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. decided back in May of 2009, that the state’s “frivolous lien” statute, coded under RCW 60.04.081, requires a more in-depth analysis of factual circumstances surrounding the substance of the contract and the lien.

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Are Lien Waiver Requirements Consistently Enforced?

Construction Dive

By Bruce Jervis It is standard for construction contracts to require that each payment application include affidavits and lien waivers.

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Is the Prospective Waiver of Lien Rights Conscionable?

Construction Dive

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 these prospective lien waivers enforceable? The mechanic’s lien statutes in some states prohibit prospective waivers.

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Litigation Topics for Prime / Subcontractor Contracts

Construction Law Monitor

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. Prime/Subcontractors Contracts. Contracts between prime/general contractors and their subcontractors make up a vital link in the construction project chain. Lien Waivers.

constructionattorneyblog: illinois supplier denied mechanics lien

Construction Lawyer Blog

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. DESPITE HAVING TWICE SIGNED CONTRACT, CORPORATE REPRESENTATIVE NOT NECESSARILY OBLIGATED TO PERSONALLY ARBITRATE » March 13, 2012. illinois supplier denied mechanics lien. Hillside filed a counterclaim to foreclose its mechanics lien. mechanics liens. constructionattorneyblog.

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Job Order Contracting – Best Practices Implementation

Building Information Management

. JOB ORDER CONTRACTING. Job Order Contracting GUIDELINES & PROCEDURES. LEAN best management practices are integral to the administration of a Job Order Contract (JOC). and all other movable equipment necessary to complete the work performed under this contract.

How Do You Price a Mechanic’s Lien?

Construction Dive

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. But, what determines the appropriate amount of a lien: the initial filed demand, the reasonable value of the work, or the contract price? The increase reflected work performed, but not yet billed, prior to recording the lien.

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Georgia Construction, Bond & Lien Law Blog: Practical advice, even if you are outside of Georgia

Construction Marketing Ideas

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.

Georgia court limits contractors’ ability to foreclose on liens

BD+C

On private construction projects, contractors ordinarily have the right to file a mechanic's or materialman’s lien under applicable state law to collect unpaid sums due on a construction contract.

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Get An Attorney To Read Your Construction Contract – Every Time

Construction Law Monitor

At the start of every construction project you sign a stack of papers that will dictate your success or failure on the project: the construction contract. Get An Attorney To Review Every Contract. Having an attorney review your construction contract does not need to be complicated.

Construction Contract Tip: Pay Attention to “Coordination and Cooperation ” Clauses

Best Practices Construction Law

I have reviewed five new construction contracts in the past two weeks. Check out my series on the Top 20 Contract Issues for Contractors and Subcontractors. They look both at the contract language and at implied duties. Busy, busy, busy!

Leasing Equipment in Louisiana? How To Protect Your Lien Claim

Construction Law Monitor

Chances are you are stuck in rough spot and have to defer to your contract for remedy. There is likely no answer for you under the lien law – unless you filed a notice of lease agreement with the owner within the appropriate time frame. Finally, the Notice of Lease Agreement does not have to be in any specific form – simply a copy of the contract should suffice. You are in the business of leasing heavy equipment to contractors.

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Following the Williams Lien Case? You Should - Djc.com

Nuts and Bolts

Construction Commodities’ Prices Continue to Rise » Following the Williams Lien Case? The State Supreme Court is considering a case that could have significant ramifications for mechanic’s lien claims. Thousands of liens might be in violation of the law if that interpretation were to stand. . He represents general contractors, subcontractors, project owners and design professionals in all aspects of construction law, from contract preparation to litigation.

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constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer Blog

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. 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. mechanics liens.

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Transparency in Contract Revisions

Mr Ethics

Dear Mr. Ethics, We use AIA contract documents with all our owners and subs. For example, we insert a “paid when paid” clause; broader indemnification; and a lien waiver provision. However, ethics suggests that it you want an open and transparent relationship with the party you are contracting with, and then you should advise them of the changes you have made to the standard AIA agreement. We always modify the documents to get better terms for us.

Transparency in Contract Revisions

Mr Ethics

Dear Mr. Ethics, We use AIA contract documents with all our owners and subs. For example, we insert a “paid when paid” clause; broader indemnification; and a lien waiver provision. However, ethics suggests that it you want an open and transparent relationship with the party you are contracting with, and then you should advise them of the changes you have made to the standard AIA agreement. We always modify the documents to get better terms for us.

Model Disclosure Statement Required in Washington To Protect Lien Rights When Contracting With Owner

Construction Law Monitor

2) Did you or do you contract directly with the property owner on any construction project(s)? 3) Is the residential project’s contract more than $1,000.00, or commercial project’s contract less than $60,000.00? If you fail to do this, not only do you lose the right to file any mechanics lien on the project, but you can also be fined by the Labor & Industries, and may be in violation of Consumer Protection laws.

Idle Equipment not entitled to Lien in Missouri

Construction Lawyer Blog

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. 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. April 20, 2009 in litigation , mechanics liens | Permalink.

constructionattorneyblog: Waivers of liens: fraud

Construction Lawyer Blog

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Waivers of liens: fraud. The Bankruptcy Court for the Northern District of Illinois recently ruled that a contractor who falsified waivers of lien engaged in fraudulent conduct and his debt to the bank was non-dischargeable. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

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Construction Contracts: Mediation Is A Great Alternative To Litigation

Construction Law Monitor

Do Construction Contracts Contain Mediation Clauses? It depends on the contract. Many American Institute of Architects (AIA) form contracts will allow for an option to include both a mediation and arbitration clause for alternative dispute resolution.

Sports and Construction – Lessons Learned

Construction Law Monitor

In LSU’s case this contractor would have not been successful in negotiating a quality contract that is mutually beneficial to each contracting party. They would not have filed all of the preliminary documents such as a notice of contract.

New Article: The Importance of Regular Invoicing

Construction Lawyer Blog

contracts litigation mechanics liens James Zahn and Shawn Goodman have authored an article for Licensed Architect entilted The Importance of Regular Invoicing. This article, at page 10 of the Summer 2014 edition, discusses a case where the lack of regular invoicing for a construction project had a major impact on the outcome of the case.

3 Legal Concepts That Are Counter-Intuitive…and Dangerous

Construction Law Monitor

Number Two: Lien and Notice Requirements. The lien laws are there to protect folks, but it seems that every state in the Union is a bit conflicted about who the laws are designed to help. In some states, the law is construed in favor of the lien claimant and against all other parties. For great discussions about lien and notice laws across the country, check out the Construction Lien Blog. Why are they in the contracts?

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Collaborative Construction Blog: SEI Suspends Green Report Card

Collaborative Construction

A few weeks ago we received a new file from a company seeking to enforce a lien against the University of Kentucky for non-payment on an Energy Savings Contract. Investigation revealed the UK Board of Directors signed an agreement with a company that promised to provide energy saving upgrades / remodeling to 61 buildings on campus and promised at least $25 million in savings on utility costs over the life of the 12 year contract. skip to main | skip to sidebar.

Louisiana Public Contract Law: Material Supplier Notice Requirement

Construction Law Monitor

In Louisiana public contracts and jobs have been gaining momentum for my clients. Entering into a contract for a construction project with a public entity has strict regulation. The provisions of this Subsection shall apply only to disputes arising out of recorded contracts.

Do Not Pass “Go” You Out-of-State, Unlicensed Contractor

Best Practices Construction Law

There, the out-of-state contractor entered into the construction contract on December 26, 2011, but did not get its contractor’s license until February 5, 2012. The contractor later filed a lien for approximately $200,000. On appeal, the owner argued that North Dakota Code requires a contractor be licensed at the time of contract formation or commencement of work under the contract to maintain a claim or action related to the work performed under the contract.

Illinois Supreme Court to Review Burke Case

Construction Lawyer Blog

In that case, the Third District appellate court upheld a trial court’s determination that the mechanics lien filed by an engineer was invalid because the engineer failed to show any “improvement to the land” and, further, that the engineer failed to prove that the owners of the land “knowingly permitted” the performance of the engineering work as required by the Illinois Mechanics Lien Act (Act). litigation mechanics liens

Louisiana Public Contract Law: Material Supplier Notice Requirement

Construction Law Monitor

In Louisiana public contracts and jobs have been gaining momentum for my clients. Entering into a contract for a construction project with a public entity has strict regulation. The provisions of this Subsection shall apply only to disputes arising out of recorded contracts.

Illinois Supreme Court to Review Burke Case

Construction Lawyer Blog

In that case, the Third District appellate court upheld a trial court’s determination that the mechanics lien filed by an engineer was invalid because the engineer failed to show any “improvement to the land” and, further, that the engineer failed to prove that the owners of the land “knowingly permitted” the performance of the engineering work as required by the Illinois Mechanics Lien Act (Act). litigation mechanics liens

Common Law Analysis – Pay-if-paid, Pay-when-paid & Liquidating Agreements in Construction Contracts

Construction Law Monitor

Liberty Mutual Insurance Company (“Sloan”), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Generally courts will look to the four corners of the contract between the parties to determine which way to interpret the meaning of the clause. Brennan’s The Construction Contracts Book.

Contracts: What to Look Out for

Help Everybody Everyday

As a Principal, Business Developer, or someone who is responsible for bringing in business for your construction firm, you are very likely to come across contracts. Contracts are an agreement signed by your firm and a client that sets the rules for the work to be done. Signing the contract is usually the final step in the selling process. This article will explain some of the clauses you might see on contracts from companies from whom you are seeking work.

In The Pipeline – Changes in Louisiana Construction Law

Construction Law Monitor

When notices of contract have been properly filed and you are one of the parties entitled to a privilege by La. An Easing of Home Improvement Contracting Registration. Mechanics Liens: Recent Lien Law Amendments in Virginia. Missed Your Lien Deadline – What Now?

DESPITE HAVING TWICE SIGNED CONTRACT, CORPORATE

Construction Lawyer Blog

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. « illinois supplier denied mechanics lien | Main. DESPITE HAVING TWICE SIGNED CONTRACT, CORPORATE REPRESENTATIVE NOT NECESSARILY OBLIGATED TO PERSONALLY ARBITRATE.   The lower court, it seems, had based its decision mostly on the plaintiff having signed the contract twice. 

Are There Limits to Your Freedom to Contract in Construction Agreements? Yes.

Best Practices Construction Law

Yes, there are limits to what parties can include in a construction contract. For example, many states like Tennessee have choice of law and venue statutes that make it unlawful to include a provision in a contract requiring the substantive laws of another state or the venue of litigation/arbitration in another state for real estate improvement projects that are located in Tennessee. Other states like Maryland prohibit lien waivers in executory construction contracts.

constructionattorneyblog: ILLINOIS APPELLATE COURT DEEMS.

Construction Lawyer Blog

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens.