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Construction Industry Contractors Liens

Stoel Rives LLP

From Lien to Clean: Addressing an Expired Lien in the Chain of Title

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One of the most common protections for laborers, contractors, suppliers, and others providing construction services or materials for a project is the right to a lien against the project property for the value of the work...more

Bradley Arant Boult Cummings LLP

Alabama Lien Law 101

You did not get paid for your labor and material, so you ask, what can I do? Alabama’s lien law provides you an opportunity to place a lien on the property for certain unpaid amounts for labor and materials. If you follow the...more

Blake, Cassels & Graydon LLP

Colombie-Britannique : La Cour d’appel se prononce sur les arrangements directs entre propriétaire et sous-traitant

Dans l’affaire Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (l’« affaire Pinnacle Living »), la Cour d’appel de la Colombie-Britannique (la « CACB ») s’est récemment penchée sur la capacité d’un...more

Blake, Cassels & Graydon LLP

B.C. Court of Appeal Rules on Direct Owner-Subcontractor Arrangements Under Builders Lien Act

In Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (Pinnacle Living), the British Columbia Court of Appeal (Court) recently considered the ability of an owner to obtain a discharge of a lien by...more

Spilman Thomas & Battle, PLLC

Clarifying Mechanics’ Lien Law

A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain...more

Conn Kavanaugh

Residential Construction Projects: Pre-construction Part 1

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This Article is Part 1 in a series of articles discussing common considerations that homeowners should look for before, during, and after a residential construction project. Part 1 focuses on arguably the most important...more

Stoel Rives -  Ahead of Schedule

Washington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc.

Washington’s construction lien statute, RCW 60.04, balances the interests of persons performing work to improve real property with the interests of property owners in avoiding the necessity of paying for the same work twice....more

Spilman Thomas & Battle, PLLC

Lien on Me – Florida Edition 2023

Florida’s Construction Lien Law, F.S. 713.001 et seq., was recently amended and includes important changes effective October 1, 2023, about which contractors should know. The following is a brief summary of the changes for...more

Bradley Arant Boult Cummings LLP

Wait, Is My Lien Waiver Enforceable?

If you get into a construction dispute concerning payments made to your contractor, subcontractor, or supplier, you want to be sure that your lien waivers are enforceable in your jurisdiction. A lien waiver is an agreement...more

Sands Anderson PC

Nobody’s Perfect(ed): The Complex Landscape of Mechanic’s Liens in Virginia

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Mechanic’s liens have long been a valuable tool for mechanics and materialmen in the Commonwealth to secure their rights to payment. Yet, despite mechanic’s liens having been in existence for well over a century, properly...more

Cole Schotz

Mortgage and Mechanics Lien Priorities and the Section 13 Trust Fund

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States struggle to strike the right balance between assuring payments to a contractor who improves real property and a lender whose financing helps make those improvements possible in the first place....more

Bennett Jones LLP

Alberta Prompt Payment And Construction Lien Act—Court Confirms 180 Day Deadline To Commence An Action

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Benjamin Franklin once said, "lost time is never found again". A recent case from the Alberta Court of King's Bench confirms the truth of this statement for any lienholder seeking to initiate a Statement of Claim past their...more

Bradley Arant Boult Cummings LLP

Can a Lien Enforcement Action Be Properly Removed to Federal Court in Alabama?

In Alabama, a lien claimant must file a lawsuit to enforce its mechanic’s lien within six months of the maturation of the entire indebtedness in the Alabama state circuit court in the county where the subject property is...more

Miller Canfield

Construction Liens in Ontario: An Introductory Guide for Contractors

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A construction lien is a legal mechanism that helps protect contractors, subcontractors, and suppliers (collectively the “Lien Claimant”) from non-payment for their work on a construction project. In Ontario, construction...more

Bricker Graydon LLP

Mechanics' liens and public improvements: A primer

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Mechanics' liens on public construction projects are a fact of life. Although they may seem familiar, it does not pay to regard them too casually. Mechanics' liens are statutory creatures, and anyone dealing with them needs...more

Bennett Jones LLP

Prompt Payment and Construction Lien Act Now in Force in Alberta—What You Need to Know

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In an attempt to reduce delayed payment periods in Alberta, on August 29, 2022, the Prompt Payment and Construction Lien Act (the PPCLA) came into force replacing the Builder's Lien Act (the BLA). Although most of the BLA was...more

Stoel Rives -  Ahead of Schedule

Considerations for Contesting a Frivolous Lien in Washington

Lien claims can pose serious challenges—and immense frustration—for any owner or developer of a private construction project, particularly for those wishing to refinance or sell the property. An owner with a finance...more

Bradley Arant Boult Cummings LLP

Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include

How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because...more

Ward and Smith, P.A.

New Law Limits Broad Form Lien Waivers in Construction Projects

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Lien rights can be one of a contractor's most important means of securing payment on any private construction project in North Carolina.  Under Chapter 44A of the North Carolina Statutes, contractors that contract directly...more

Bennett Jones LLP

Prompt Payment Legislation in Alberta: Coming to Alberta on August 29, 2022

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The Alberta Government has now confirmed that the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (BLA) will come into force on August 29, 2022 when the Alberta Builders' Lien Act, will become the Prompt Payment and...more

Cohen Seglias Pallas Greenhall & Furman PC

Virginia Mechanics’ Liens: What Contractors Need to Know

Welcome to the DMV Construction Law Series, where each month we examine a different set of legal issues important to contractors. Our fourth installment briefly examines certain key parts of Virginia’s Mechanic’s Lien Law...more

Kilpatrick

Top 5 Takeaways from Texas Lien Law Changes

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Over the last decade of helping the AGC Houston Chapter with their mission of educating construction professionals in the Houston market, I always remind those who attend our lien classes that the Texas Legislature meets...more

Bennett Jones LLP

Prompt Payment Legislation in Alberta: More Changes and Clarifications

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On October 21, 2020, following other Canadian jurisdictions, Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, passed its first reading in the Legislature of Alberta. If Bill 37 receives royal assent, it will,...more

Stoel Rives -  Ahead of Schedule

New Washington Case Strictly Construes Lien Statute and Rejects Warranty Work as Basis to Extend Lien Filing Period

In its March 11, 2021 opinion, Division Three of the Washington Court of Appeals considered whether the 90-day period to record a claim of lien is extended by a contractor performing work after substantial completion to...more

Blake, Cassels & Graydon LLP

Alberta Introduces Significant Amendments to the Builders’ Lien Act

The Government of Alberta recently introduced the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (Bill) in the Alberta Legislature. The Bill proposes, among other things, the introduction of prompt payment legislation...more

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