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Construction Lien Law: What You Need to Know to Protect Your Company
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Use this guide as a reference when filing lien and bond claim notices for the month of September. If you have any questions about the lien and bond claim process, don’t hesitate to reach out to any member of the Gray Reed...more
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
An unpublished opinion previously issued by the Washington Court of Appeals, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., reinforces strict compliance with notice of claim provisions in construction...more
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
Use this guide as a reference when filing lien and bond claim notices for the month of July....more
On June 17, 2024, the Massachusetts Supreme Judicial Court issued an opinion of first impression regarding the Prompt Pay Act, M.G.L. c. 149, §29E, holding that a contractor found to have violated the Prompt Pay Act for...more
Use this guide as a reference when filing lien and bond claim notices for the month of June....more
In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural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
Use this guide as a reference when filing lien and bond claim notices for the month of May....more
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
Please use the below guide as a reference when filing lien and bond claim notices for the month of March....more
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
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
Recently, the Oregon Court of Appeals reinstated a contractor’s mechanics lien claim notwithstanding the owner’s offer of payment because the offer was conditioned on the contractor signing a broad lien waiver that would have...more
Now that you have successfully filed your construction lien claim, whether the lien involves a commercial or residential property, the next logical question is what must be done to enforce the construction lien and to receive...more
This quick reference describes general time requirements for filing lien notices in each state, plus Washington, DC. Seyfarth’s Construction team prepared the survey for use primarily by commercial contractors and real estate...more
Over the course of my career, I have had the privilege of working with and representing numerous construction lenders (and borrowers/developers) in the financing of some of the largest commercial projects in the United...more
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
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...more
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
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
Nothing quite sets New York apart from other states’ attempts to balance the interests of construction contractor and construction lender as does New York’s iconic building loan agreement – or, to call it by its technical...more
In an ideal world, the interests of contractor and lender involved in the same construction project are aligned: the project succeeds, and everyone is paid what they’re owed. But when the interests of contractor and lender...more
Whether a construction contract contains a pay-if-paid clause and whether such clauses are enforceable are critical to determining a general contractor’s obligation to pay or not pay a subcontractor if the owner has not paid...more
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