article thumbnail

Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

Constructlaw

The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. The trial court sustained the preliminary objections and dismissed the lien. Second, in Belfor Prop. Restoration v.

Lien 52
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
professionals

Sign Up for our Newsletter

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

article thumbnail

No-Damage-For-Delay Provisions and Lien Waivers Remain Enforceable — and Valuable — in New York

Constructlaw

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
article thumbnail

Louisiana Lien Waivers Made Simple

Construction Law Monitor

mechanic’s lien is a last-resort measure used by construction procurers to obtain payment withheld by a client. In this day and age, however, many clients harbor valid concerns about fraudulent liens, especially considering Louisiana’s loose requirements for filing a mechanic’s lien. Conditional; 2.Unconditional;

Lien 40
article thumbnail

7 Things Contractors Need to Know About Retainage

Fieldwire

There is not a universal definition of “substantial completion,” and some contracts define it in vague terms that leave a lot of interpretation. Retainage does not extend the mechanics lien deadline A mechanics lien is perhaps the most powerful tool that contractors have to force payment.

article thumbnail

Texas ‘Retainage’ vs. ‘Reserved Funds’: What’s the Difference & Why it Matters

Levelset

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.

Texas 52
article thumbnail

Reminder: Louisiana Lien Period Starts When The Entire Project is Completed, Not Simply The Claimant’s Work

Construction Law Monitor

Lien periods are a funny thing. Regardless of the actual period of time available for lien filing, in order to figure out when the lien period ends….it’s In some state (like Washington ), the lien period starts when the claimant last furnishes labor and material to the project. it’s important to know when it begins!

Lien 44