News & Analysis as of

Construction Industry Mechanics Lien Subcontractors

Snell & Wilmer

Mechanics’ Liens: Misapplication of a “Blanket Lien” Under Colorado’s General Mechanics’ Lien Act

Snell & Wilmer on

A mechanics’ lien affords unpaid contractors, subcontractors, laborers, and/or material suppliers a security interest in the property’s real estate and title. A blanket lien is a type of mechanics’ lien that covers more than...more

PilieroMazza PLLC

Enforceability of Pay-if-Paid Clauses in Construction Subcontracts: Mid-Atlantic Region

PilieroMazza PLLC on

Pay-if-paid clauses are conditional payment provisions regularly included in construction subcontracts. The intent of these clauses is to shift the risk of loss from a prime contractor to its subcontractors by making a...more

Bradley Arant Boult Cummings LLP

Mechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender

In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural requirements set forth in the mechanics lien...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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 3, March 2024

Welcome to our third issue of 2024 for our construction industry insights e-newsletter - The Site Report. In honor of last week’s Women in Construction Week, last Friday’s International Women’s Day, and Women’s History...more

Troutman Pepper

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

Troutman Pepper on

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. Two key takeaways are...more

Frantz Ward LLP

Unjust Enrichment: The Subcontractor’s Claim Against the Owner When the General Contractor is “Unavailable for Judgment”

Frantz Ward LLP on

The Company, Inc. v. Capstone Constr. Co., 2023-Ohio-3882 (8th Dist.) -Non-payment: the dreaded issue all subcontractors face. Tools, such as payment bond, prompt pay and mechanic’s lien rights and claims, can help secure...more

Sands Anderson PC

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

Sands Anderson PC on

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

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

Snell & Wilmer

General Contractors—In a Challenging Economy Beware of the Pitfalls In Subordinating Your Mechanics’ Lien Rights to an Owner’s...

Snell & Wilmer on

Lenders on commercial real estate projects typically require that the general contractor subordinate its mechanics’ lien rights to the lender’s deed of trust and other financing documents in order to assure the lender that...more

Bricker Graydon LLP

Mechanics' liens and public improvements: A primer

Bricker Graydon LLP on

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

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

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Your Project Got Cancelled—Now What? - August 16th, 12:00 pm - 1:00 pm ET

Contractors or subcontractors who perform offsite work can face unique challenges when an owner decides to suspend or end a project. Luckily, states including Pennsylvania and New Jersey, have legislation that offers remedies...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

Bradley Arant Boult Cummings LLP

Construction Law History Lesson No. 1: What Do Thomas Jefferson and Mechanics Liens Have in Common?

Construction law is NOT boring, at least that’s what I tell my daughters. In these series of posts, I will explore some of the VERY interesting historical facts about construction law that can be used at your next motion...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

Hinshaw & Culbertson LLP

A Primer on Changes Made to the Texas Mechanic’s and Materialman’s Liens Act, Effective January 1, 2022

Hinshaw & Culbertson LLP on

In early June 2021, Governor Abbott signed into law House Bill 2237 (the Bill) that makes substantial changes to the law that establishes the requirement for mechanic’s and materialmen’s liens and bond claims in Texas. ...more

Cohen Seglias Pallas Greenhall & Furman PC

A Contractor’s Primer to Maryland Lien Law

Welcome to the DMV Construction Law Series, where each month we examine a different set of legal issues important to contractors. In our third installment, we briefly examine certain key parts of Maryland’s Mechanics’ Lien...more

Cohen Seglias Pallas Greenhall & Furman PC

The ABC’s of Mechanics’ Liens in Washington, DC

Welcome back to our DMV Construction Law Series, where we examine a different set of legal issues important to contractors each month. For our second installment, we briefly examine certain key parts of Washington, DC’s...more

Cohen Seglias Pallas Greenhall & Furman PC

Mechanic’s Liens in DC, Maryland, and Virginia – Don’t Wait to Exercise Your Rights

Welcome to the DMV Construction Law Series, where each month we will examine a different set of legal issues important to contractors. Our first entry in the series discusses the timing of filing mechanic’s liens. Future...more

Faegre Drinker Biddle & Reath LLP

Mechanic’s Liens: Five Things That Everyone Should Know

Anyone who works in construction and on construction projects will deal with mechanic’s liens. Sometimes referred to as construction liens or property liens, mechanic’s liens are typically statutory creations designed to...more

Fox Rothschild LLP

Proposed Law Poses Risk Of Significant Legal Exposure For General Contractors In New York

Fox Rothschild LLP on

New York lawmakers are close to passing a law that creates automatic liability for general contractors when their subcontractors fail to properly pay their employees. Existing New York law provides at least a modicum of...more

Dentons

Governor Reynolds signs mechanic’s lien bill

Dentons on

On Friday, April 30, Governor Reynolds signed into law HF 561  (formerly SSB1006), a bill pertaining to mechanic’s lien. The bill goes into effect on January 1, 2022....more

Snell & Wilmer

California Construction Law Update for 2021

Snell & Wilmer on

In the 2020 COVID-19 year, there were not that many construction-related cases decided by the California Courts of Appeal, and none by the California Supreme Court. However, there were a number of interesting cases that raise...more

Davis Wright Tremaine LLP

California Court of Appeal Addresses Remedies When Contractor Records Invalid Mechanic's Lien

The California Court of Appeal recently discussed an owner's remedies (and some limits to those remedies) when a contractor improperly records a mechanic's lien. According to the court's analysis, the owner's primary remedy...more

61 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide