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Georgia Lien Law Revised In Favor of Contractors

Legislation signed into law this week will have meaningful impacts on contractors asserting liens against property owners for non-payment. On Tuesday, May 7, 2013, Georgia Governor Nathan Deal signed into law House Bill 434,...more

The Mechanics of Mechanics Liens

One of the most effective payment remedies for direct contractors, subcontractors and material suppliers is the mechanics lien. First conceived by Thomas Jefferson to encourage construction of the then “new” capital city of...more

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more

Arizona Court of Appeals Renders Two Decisions Affecting Awards of Attorneys’ Fees in Lawsuits to Enforce Mechanics’ Liens

This past month, the Arizona Court of Appeals issued two decisions that could have significant implications for mechanics’ lien claimants....more

Subcontractor Loses Delay Claim for Delays Occurring Before Execution of Subcontract

Both an Illinois circuit and appellate court had little sympathy for a subcontractor that suffered significant delays before executing a subcontract, which failed to allow for compensation for the prior delays. Asset Recovery...more

Consequential Damages: What are they? Should I waive them? (law note)

A client asked me about a contract he was asked to sign in which consequential damages were being waived. Consequential damages are those things that cost money which arise indirectly out of a failure of a party on a...more

Although Unlikely to be Immediately Adopted Elsewhere, A Recent Tennessee Decision Regarding an Owner’s Liquidated Damage Claim...

A Tennessee Court of Appeals recently held that liquidated damages under an AIA Contract (A201 -1997 Gen. Conditions) are neither automatic nor self-executing. RCR Building Corp. v Pinnacle Hospitality Partners, 2012 WL...more

Suppliers Must Take Affirmative Steps to Determine Source of Payments to Protect Construction Lien Claim Rights

In L&W Supply Corp. v. Joe DeSilva, et al., (Docket No. A-2960-10T2, December 19, 2012) (“L&W Supply”), a decision recently approved for publication, the Appellate Division provides guidance to material suppliers seeking to...more

New N.C. Lien Laws Take Effect Next Week. Is Your Company Ready?

The North Carolina construction world was abuzz during 2012 about new legislation bringing significant changes to North Carolina’s mechanic’s lien and payment bond laws. Governor Perdue signed SB 42 and HB 1052 into law this...more

Construction Concepts Tip #3: Liquidated Damages

A recent report from McGraw-Hill Construction’s research and analytics unit reported that the total volume of construction contracts in the Miami/Fort Lauderdale area has reached $2.29 billion for the year to date, a 54...more

Nevada Supreme Court Clarifies Lender v. Mechanics' Lien Priority Disputes

On October 25, 2012, the Nevada Supreme Court, in a case of first impression, held that equitable subrogation cannot be used as a method to repair broken priority over mechanics' liens, but left the door open to the potential...more

Required "Owner Notice" Language under Iowa's New Lien Law

Under Iowa's new Mechanic's Lien Law, general contractors utilizing subcontractors and/or suppliers on residential projects (both on new construction and remodeling/repair projects) will generally be required to post a...more

What Construction Lenders Need To Know About The Changes To North Carolina’s Lien Law

The North Carolina Legislature recently enacted legislation significantly changing North Carolina’s construction lien law and the rights and responsibilities of owners, contractors and subcontractors on private construction...more

2012: Arizona Construction Law Summary

This year has been a busy one so far for legal developments affecting the Arizona construction industry. Here is a brief summary of court cases and legislation of interest....more

Are You Ready for the Changes in California's Mechanics Lien Law?

Question: What is “mechanics lien law,” what is it based on and where is it found? Answer: Mechanics lien law is intended to protect those unpaid for improvements to real property against the owner’s unjust enrichment...more

Weekly Law Resume - May 17, 2012: Insurance Coverage – Contribution Action – Self Insured Retention

Axis Surplus Insurance Company v. Glenco Insurance Ltd Court of Appeal, Fourth District (April 11, 2012) When an action for equitable contribution is brought by a settling insurer against a non-participating carrier, the...more

HB1013 Effective July 1, 2012 - Governor Scott and Florida Legislature Tell Florida Appellate Court No Dice on Extending Implied...

HB1013 in the Florida Legislature has been closely monitored by many in the Florida real estate industry (check out our earlier post from February 2012 for details) and now, it's a done deal....more

New Law Means Major Changes to Iowa's Mechanic's Lien System

On Friday, April 27, 2012, the Governor signed House File 675 into law. This new law will significantly change Iowa's mechanic's lien system and implements numerous amendments to Iowa Code Chapter 572, which governs...more

Construction Alert: NOTICE! Pending Changes to Pennsylvania's Mechanics' Lien Law

In order to promote full disclosure and identification of subcontractors (defined as both first and second tier subcontractors) who potentially might have a lien claim on a commercial construction project in Pennsylvania,...more

Shotgun Wedding? When a 'Proposal' Can Turn into a Forced Consummation of a Transaction

A recent court of appeals decision drives home the importance of including non-binding language in letters of intent. Based on a one page, nine paragraph, 205 word document, labeled “Final Proposal,” the court of appeals in...more

Build For The Tenant, But Lien The Landlord's Title? Massachusetts Supreme Judicial Court Clarifies The Standard

The Massachusetts Supreme Judicial Court (the "SJC") released a decision on April 13, 2011 — in Trace Construction v. Dana Barros Sports Complex1 — that clarifies a contractor's lien rights against a landlord when the...more

Everything Old Is New Again: Impact Of Sb 189 On Mechanics’ Lien Law By William “Fritz” Pahland*

After years of study by the California Law Revision Commission, the Legislature adopted SB 189, the latest round of revisions to the set of construction remedies commonly known as the “Mechanics Lien Law.”1 The revisions go...more

The Year 2010 In Review: Mechanic's Liens, Lis Pendens and Construction Bonds

This article is the third in a series summarizing construction law developments for 2010. A. Mechanic’s Liens 1. New Requirement for Mechanic’s Liens (AB 457) Effective January 1, 2011, Civil Code Section 3084 is...more

Miller-Davis v Ahrens Construction Inc

Supreme Court to Address Whether "Statute of Repose" for Actions Against Contractors Applies to Implied "Tort" Claims for Injuries...

The Michigan Supreme Court heard oral argument to consider whether MCL 600.5839, the statute of repose, for “any action” against architects, engineers, or contractors to recover damages for “any injury to...more

New Jersey Makes Significant Amendments to Its Construction Lien Law

On January 5, 2011, N.J. Governor Chris Christie signed into law significant revisions to the New Jersey Construction Lien Law (CLL).1 The amendments are based on the March 2009 New Jersey Law Revision Commission (NJLRC)...more