News & Analysis as of

Mechanics Lien Real Estate Development

Troutman Pepper

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

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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

Sullivan & Worcester

Zoning and Development Newsletter - January 2024

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Welcome to the Third Issue of Sullivan’s Zoning and Development Newsletter- This newsletter is a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide...more

Carr Maloney P.C.

“Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia

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General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more

Dorsey & Whitney LLP

Arizona Supreme Court Decision Could Affect Lending Practices

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Construction lenders beware – a recent Arizona Supreme Court decision interpreting Exclusion 3(a) of standard-form title-insurance policies could mean lenders are not insured against a senior mechanics’ lien if the lender’s...more

Pullman & Comley, LLC

Bonding Off Mechanic's Liens:  Not Just for Property Owners

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Property owners are often confronted with a contractor threatening a mechanic’s lien on their property. These liens may stem from a dispute between them and their contractor, or even between a subcontractor and a general...more

Gray Reed

Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool

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In these unprecedented times, every bit of revenue is critical to the continued operation of nearly every business operating within the construction industry. Fortunately, there are a myriad of remedies to aide collection...more

Akerman LLP

Georgia Owners and Contractors: Time to Update Your Lien Waiver Forms and Other Contract Provisions

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Construction owners and contractors in Georgia rely heavily upon the statutory protections provided by Georgia’s mechanic’s lien waiver law, O.C.G.A § 44-14-366. Beginning January 1, 2021, these protections will be narrowed...more

Pierce Atwood LLP

Project Suspended or Payment Delays? Don’t Lose Your Mechanic’s Lien Rights!

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While many construction projects are advancing in a safe manner during the COVID-19 pandemic, some have been suspended by governmental order, like the Cities of Boston and Cambridge, or based upon the direction of the Owner...more

Robinson+Cole Construction Law Zone

An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?

A subcontractor has liened the property although the owner has paid in full for its work. The general contractor has disappeared. What should an owner do next? And will its attorneys’ fees be recoverable?...more

Pierce Atwood LLP

Condominium Mechanic’s Liens

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Mechanic’s lien claims are complex in that each state’s statutes differ dramatically.  There are certain unique issues when a contractor seeks to commence a mechanic’s lien proceeding for improvements made to a condominium....more

Troutman Pepper

Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?

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BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a...more

Blank Rome LLP

Midconstruction Refinancing: A Plunge Into The Void?

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Construction loans typically do not get refinanced before a project is completed. A construction loan is short-term in nature and both the lender and its customer expect that they will stay on the project until the project is...more

Snell & Wilmer

General Contractor’s Prospective Waiver of its Lien Rights is Enforceable in California

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In an opinion published in September 2014, entitled Moorefield Construction, Inc. v. Intervest Mortgage Investment Company, et al., D065464, the California Court of Appeal held an original contractor can contractually waive...more

Snell & Wilmer

Recent Developments in Arizona Construction Law

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Notable 2014 Case Law: Bonds - In Ponderosa Fire District v. Coconino County, 235 Ariz. 597 (Ct. App. Ariz. 2014), the Court of Appeals considered whether the County had discretion to decide not to call...more

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