News & Analysis as of

Subcontractors Liens Contract Terms

Stark & Stark

Construction Liens - What is a Lien Fund?

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Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In...more

Miller Nash LLP

[Webinar] Finish First When Others Around You Fall: Tips on How to Financially Protect Your Organization During a Project -...

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From a practical business perspective, you can evade disaster, protect your payments from others’ financial shortages, and avoid the pitfalls of another’s bankruptcy—and still end up first—with a bit of knowledge, planning,...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court of Appeals Confirms Partial Lien Waivers Do Not Waive Lien Rights

In a recent decision, the North Carolina Court of Appeals held that a general contractor’s execution of partial lien waivers did not prejudice a supplier’s lien rights on the construction project. The case is Atlantech...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In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural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

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

Bennett Jones LLP

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

Bennett Jones LLP on

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

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

Buchalter

Broad Form Lien Waivers No Longer Part of the Game in North Carolina

Buchalter on

North Carolina Avenue is one of the hottest properties in Monopoly, says most of my kids.  And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to...more

Gray Reed

Can the Trust Fund Act be Waived

Gray Reed on

The general prohibition against waiving lien rights under Chapter 53 of the Texas Property Code has been written about extensively, and is well known through the industry.  However, the Construction Trust Fund Act (Ch. 162 of...more

Troutman Pepper

Recent Decisions Recognize Limits on Lien Amounts Properly Includable Under Michigan and Connecticut Lien Statutes

Troutman Pepper on

Lost profits, not part of unpaid contract balance, may be recoverable as consequential damages in contract claim, but cannot be included in lien. TSP Services Inc. v. National-Standard, LLC, 2019 BL 340267 (Mich. Ct. App....more

Bradley Arant Boult Cummings LLP

Creative Legislative Solutions to Bond off Mechanic’s Liens - Construction and Procurement Law News, Q2 2019

Whether you are the owner or the general contractor, dealing with mechanic’s liens filed by subcontractors or suppliers can be frustrating and, in some cases, present the very real threat of having to pay twice for work or...more

Troutman Pepper

GAR Know-How Construction Arbitration - United States

Troutman Pepper on

Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more

Barnea Jaffa Lande & Co.

Guidelines for Standardization of Contracts and Tenders of Infrastructure Companies in the Area of Transportation

In light of the rise of investments in transportation projects, the Accountant General of the Ministry of Finance, the Director General of the Ministry of Transport, and the Manager of the Government Companies Authority...more

Gray Reed

Broad Settlement Discharges Mineral Liens

Gray Reed on

When you prepare, review and/or sign settlement agreements you sometimes pay less attention than you should to the details of those “standard” releases! Acme Energy Services, d/b/a Big Dog Drilling v. Staley et al. says,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Effective Use of the Subcontractor’s Sworn Statement

The subcontractor's sworn statement is one of most effective tools that contractors can use to ensure that lower-tier subcontractors and suppliers receive adequate payment throughout the job, yet many contractors either fail...more

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