Construction Law, Residential Real Estate, Civil Remedies

Georgia Lien Law Revised In Favor of Contractors

by Jennifer Grippa | Miller & Martin PLLC on 5/10/2013

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

by Garret Murai | Wendel, Rosen, Black & Dean LLP on 5/10/2013

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

Light at the End of the Tunnel - Consultation on Reform of Rights to Light in England and Wales

by Sebastian A. Charles, Steven D. Cox | K&L Gates LLP on 5/8/2013

The private right to light is an arcane area of law and which many developers would agree is long overdue for reform. Development schemes can be thwarted by private landowners even after the proposal has passed through the...more

New Court Decision Clarifies Mechanic's Lien Valuation Statute

by Mathew Troughton | Sheppard Mullin Richter & Hampton LLP on 4/22/2013

The amount of a mechanic’s lien in California is generally the lesser of: 1) the reasonable value of the work; or 2) the price agreed upon in the lien claimant’s contract. But does the same measure apply if a lien defendant...more

Court Invalidates Mechanic's Lien for Seeking Excessive Amount

by Ryan Klein | Sherman & Howard L.L.C. on 4/5/2013

A mechanic's lien is a very powerful tool for prime contractors, subcontractors, suppliers, and laborers to seek compensation for work provided on construction projects. This tool, however, becomes excessive, invalid, and...more

Treble Damages Not Assessed Against Representative Who Was Not A Party To The Contract

by Schecter Law on 3/4/2013

In Home Construction Management, LLC v. Comet, Inc., 4D11-4022 & 4D12-21 (Fla. 4th DCA 2013), Home Construction Management, LLC. (“HCM”) and representative Abraham Omer appealed a final judgment and damage award for claims...more

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

by Melissa Dewey Brumback on 2/8/2013

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

Construction Litigation Update: Florida Supreme Court Rules that Unlicensed Contractors Cannot Enforce Construction Contracts

by Fuerst Ittleman David & Joseph, PL on 1/25/2013

Jim and Mary Homeowner are newlyweds who used their wedding money to buy their first home, a fixer-upper that required considerable renovations. The happily married couple was given the name of a local handyman, Bob, who was...more

Homeowners May Sue Design Professionals For Construction Defects

by Jon E. Goetz | Kronick, Moskovitz, Tiedemann & Girard on 1/22/2013

In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal found that a homeowners association could seek damages...more

Board Of Contributors: Recent Rulings On Condo Contracts Have Widespread Significance

by Martin Schwartz | Bilzin Sumberg Baena Price & Axelrod LLP on 1/11/2013

The Interstate Land Sales Full Disclosure Act, a federal statute that was initially designed to prevent unscrupulous land sales of desert land in Arizona and marsh land in Florida, has been one of the primary weapons employed...more

Condominium Purchaser’s Cancellation Rights Under Florida Statute Section 718.503

by Neha Dagley | Schecter Law on 1/11/2013

Florida Statute section 718.503(1)(a)1. states, in relevant part, that a contract for the sale of a residential unit must...more

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

by Bryan G. Scott | Spilman Thomas & Battle, PLLC on 12/28/2012

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

by Enza G. Boderone, Adam F. Haimo | Bilzin Sumberg Baena Price & Axelrod LLP on 12/20/2012

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

Pa. Superior Court Extends Protection of Implied Warranty of Habitability to Subsequent Purchasers of a Newly Constructed Home

by Christopher Bender, Marc D. Brookman, David I. Haas | Duane Morris LLP on 12/12/2012

For the first time, the Superior Court of Pennsylvania has extended the protection of the implied warranty of habitability to the second or subsequent purchaser of a newly constructed home in Conway v. The Cutler Group, 2012...more

Appraisal Since Johnson – What The Hail Is Going On?

by Zelle Hofmann Voelbel & Mason LLP on 10/25/2012

Originally published Dallas Bar Association's Headnotes on October 24, 2012. Local courts have recently seen a dramatic increase in the filing of hail damage actions. Many of these actions are not conventional lawsuits,...more

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

by Davis Brown Law Firm on 10/22/2012

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

by Poyner Spruill LLP on 10/17/2012

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

In New York State, Allegations of Loss are Not Enough

by Phillips Lytle LLP on 10/11/2012

A decision last year from the Commercial Division of the New York State Supreme Court, Erie County, provides two helpful reminders to commercial litigants. First, at least in New York, the plaintiff’s damages must have been...more

2012: Arizona Construction Law Summary

by Snell & Wilmer L.L.P. on 9/17/2012

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

Special Advisory: New Mechanics Lien Act in California

by Sheppard Mullin Richter & Hampton LLP on 8/1/2012

In 2010, the California Legislature enacted Senate Bill ("SB") 189 to reorganize and simplify the laws governing works of improvement. The bill completely re-writes the statutes which provide for mechanics liens, stop notices...more

Changes to North Carolina Mechanics Lien Laws

by Poyner Spruill LLP on 7/27/2012

In July, Governor Perdue signed two bills into law which make substantial changes to the state’s mechanics lien and bond laws. With respect to private projects, the most significant changes relate to the creation of “Lien...more

Changes to North Carolina Lien and Bond Law – What You Need to Know

by Wayne Maiorano, Matthew Martin | Smith, Anderson, Blount, Dorsett, Mitchell &... on 7/18/2012

A number of significant changes to North Carolina’s lien and bond statutes were just signed into law. In part, these changes are in reaction to concerns from the title insurance industry about so-called “hidden” liens, the...more

California’s Revised Mechanics Lien Law: Changes in Rights and Obligations of Construction Lenders

by Buchalter Nemer on 7/15/2012

California’s mechanics lien law provides various rights and remedies to persons who provide labor, service, equipment or material to real property, including the right to record a mechanics lien on the improved work for both...more

Contractual and Federal Statutory Support for an Owner’s Right to Withhold Payment for Work Performed

by Carlton Fields on 7/12/2012

Owner/contractor disputes over payments for work performed can jeopardize the success of a construction project if not promptly resolved. Accordingly, a construction contract should contain carefully crafted payment...more

Changes to California Mechanics’ Lien Laws Effective July 1 – Are You Ready?

by Manatt, Phelps & Phillips, LLP on 7/6/2012

On July 1, 2012, pursuant to Senate Bill No. 189 (“SB 189”), all of California’s laws regarding mechanics’ liens, stop notices and payment bonds were revised, renumbered, supplemented and/or replaced. Although some provisions...more

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Construction Law › Residential Real Estate › Civil Remedies