Owners Can Get Cake and Icing Under New Tennessee Lien Law

Best Practices Construction Law

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. Legal Trends Legislation Tennessee mechanic's lien slander of title

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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. Whether you’re a contractor, supplier or equipment lessor, a mechanic’s lien waiver is an effective way to protect your clients from fraudulent liens.

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Trending Sources

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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Simplifying Lien Waivers

Construction Business Owner

The mechanics lien is a powerful tool, but in everyday practice, the true value of a mechanics lien may be in waiving the right to claim one. Waiving lien rights can seem like a complex and dangerous task, but it doesn't need to be that way

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Mechanics Lien Infographic

Construction Law Monitor

The Construction Lien Blog (published by me!) yesterday posted a neat infographic focused on the mechanics lien. The mechanic lien laws, however, actually made a great subject for such visualized data, and I invite you to take a look at it over on our blog or below. The mechanics lien infographic visualizes the mechanics lien laws, and also presents some data from a survey Zlien conducted of mechanics lien claimants who filed liens in 2011.

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10 Ways a Mechanic’s Lien Gets You Paid

Construction Business Owner

Most people in the construction industry have heard of the term “mechanic’s lien.” But if you ask anyone to explain what a lien is, how it works or even how the word is spelled, you will likely learn that their knowledge about mechanic’s liens is basic at best.

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Construction Industry News From The Lien Zone

Constructonomics

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Louisiana Lien Waivers Made Simple

Construction Law Monitor

A 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. Whether you’re a contractor, supplier or equipment lessor, a mechanic’s lien waiver is an effective way to protect your clients from fraudulent liens.

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Preliminary Notice and Mechanics Lien Compliance: How?

Construction Law Monitor

Offsetting these complexities are state laws that provide subcontractors and suppliers with “mechanics lien” rights. These rights have existed in the United States since Thomas Jefferson introduced the first lien legislation more than 220 years ago.

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Pain Free Lien Waivers For Contractors, Lenders And Title Companies

Contractor Bookkeeping

Podcast, and were very generous with their time and provided some extremely valuable insights for how you can streamline your lien waiver process. Lien WaiversToday's Guest Article Is From The Team At lienwaivers.io. Geoff Arnold, Luis Trejo And Sean Richardson were interviewed for the Contractors Success M.A.P. The article below is a recap of how it all works.

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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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Louisiana Suppliers – Extra Notice Needed for Lien Rights

Construction Law Monitor

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. This conversation got me thinking that I should report to the supply world what my friend did not understand… Here at the Wolfe Law Group we love liens. My office constantly invalidates liens that were not filed correctly.

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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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Mechanics Lien and Bond Claims Best Practices

Best Practices Construction Law

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 Preliminary Notice Requirements and Lien Deadlines.

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Your Mechanics Lien Resource Treasure Trove

Construction Law Monitor

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.” ” Insofar as construction law goes, mechanic lien and state or federal bond claims has sort of become my thing. So, where has all of the mechanic lien posts gone?!

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Promises To Pay Mean Squat To Your Lien Deadlines

Construction Law Monitor

Owed money on a construction project, but weary about filing a mechanics lien because the owner or contractor is promising to pay? Well, as the promise to pay “tomorrow,” turns into “Friday,” and turns into “next week,” the time period available for you to file a mechanics lien continues to tick. It’s very important for contractors and suppliers to realize that these promises to pay do not extend the lien period. Your Mechanic Lien Was Bonded…Now What?

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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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More Complaints about Company Mowing Yards without Permission, Placing Lien on Properties

Green Industry Professionals

The letter threatened that Golden Pylon will mow and landscape the yard, and place a lien on the property

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Does Corrective Work Extend a Lien Filing Period?

Construction Dive

By Bruce Jervis State mechanic’s lien statutes invariably stipulate a deadline for filing a notice or statement of lien in the public records. The purpose is to enable a prospective purchaser or lender to determine whether the property is encumbered by a lien, which would take priority. Featured … Warranty Work Did Not Extend Lien Filing PeriodSeparate Litigation Did Not Excuse Failure to Furnish Bonds

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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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Can a Contractor “Prevail” on a Lien Without a Judgment

Construction Dive

This is the case, in most states, for successful mechanic’s lien claimants. Featured…Contractor Paid through Arbitration – Recovers Attorney Fees under Lien StatuteDispute Can Be Litigated in State Other than Project LocationBy Bruce Jervis Parties to a dispute, under the so-called “American rule,” each pay for their own legal counsel.

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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. . -->. « BNBuilders goes to bat in Arlington. You Should.

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Is Filing a Lien or Bond Claim Risky?

Construction Equipment

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.

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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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Two D.C. Contractors File Liens Against Trump For Unpaid Work

Construction Equipment

contractors who worked on President-elect Donald Trump's new 283-room hotel in the District have filed liens against Trump Old Post Office LLC and construction manager Lendlease US. Two Washington, D.C., Joseph J. Magnolia Inc. claims it is owed $2.98

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When Is a Mechanic’s Lien ‘Willfully’ Exaggerated?

Construction Dive

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. This leads to a question: How does one determine that a mechanic’s lien claim was “willfully” exaggerated?

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Minor Changes To Mississippi Mechanic Lien Laws Now Effective

Construction Law Monitor

This post is to alert our readers to a recent change in Mississippi’s mechanic lien laws recently signed into law by Governor Barbour ( Senate Bill 2363 ). The new law is discussed in more detail on another blog I publish, the Construction Lien Blog: Mississippi Lien Law Now Allows Suit in County Court and Clarifies Statutory Lien Period. Mechanics Lien Mississippi MS Senate Bill 2363 Robert Wise Sharpe & Wise Suzanne Sharpe

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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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Bizarre Lien Foreclosure Case May Have Far-Reaching Effects in Washington

Construction Law Monitor

may have far-reaching consequences for claimants, property owners and construction attorneys foreclosing mechanic liens. Until the opinion was published last week, Washington lien law seemed pretty clear on two points: When you file a lien, you can name the owner or reputed owner; but when you foreclose the lien, the foreclosure must be against the actual owner; and. Read the post here: Foreclosing A Mechanic’s Lien in Washington Just Got More Confusing.

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Do it Yourself Mechanics Liens Not a Good Idea

Construction Lawyer Blog

general mechanics liens news View Shawn Goodman''s article in the Spring, 2013, edition of Licensed Architect.

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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. These economic times will make mechanic’s liens, bonding and other proactive approaches to collection all the more important. While the instinct to “work it out” can be strong, and in many cases a correct, waiting to file a lien can end up in disaster. However, you need to be careful in filing your liens, especially in Virginia.

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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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Leasing Equipment in Louisiana? How To Protect Your Lien Claim

Construction Law Monitor

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. Filing Requirements Louisiana Mechanics Lien Notice of Lease Preliminary Notices Private Works Act Public Works Act ZlienYou are in the business of leasing heavy equipment to contractors. You are beginning to provide more and more machinery to jobsites. You just hit your first snag with payment. What do you do?

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Lien Bill Introduced in Washington Legislature To Offset Williams v Athletic Field

Construction Law Monitor

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. Today, Representative Moeller introduced a bill “addressing the notice requirements for claiming a mechanics’ or materialmen’s lien,” leapfrogging the Washington Supreme Court to legislatively address the impact of Athletic’s Field. Williams v.

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constructionattorneyblog: illinois supplier denied mechanics lien

Construction Lawyer Blog

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 was then joined as a defendant because it had recorded a mechanics lien that alleged that the lumber company was owed more than $65,000 for materials used to improve the property. Hillside filed a counterclaim to foreclose its mechanics lien. mechanics liens. constructionattorneyblog.

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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. So, if the foundation subcontractor last works on January 1st, that’s when his lien period begins. Mechanics Lien Louisiana Nu-Lite Electrical Wholesalers LLC v.

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DirtPail DirtTip - Lien Waiver Is Your Insurance

DirtPail

To protect yourself, upon remitting payment in full, request a Lien Waiver from your hired help. Times are tough, and there are more do-it-yourselfers out there trying to save a buck or two wherever and whenever they can. Hiring a qualified contractor to put those final finishing touches is often needed to close a project up.

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Mechanics Lien and Bond Claims Best Practices : Best Practices.

Best Practices Construction Law

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constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer Blog

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. Additionally, a lien waiver can be provided to the contractor when the subcontractor is paid, and the owner can require a lien waiver by every subcontractor when paying the contractor. Funds subject to a lien waiver are required to be held by the owner in trust for the subcontractor.

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