Construction E-Note - October 2, 2013


In This Issue:

- Burr Appellate Victory Featured in Constructor Magazine

- Fifth Circuit Expected to Soon Rule on Constitutionality of Mississippi’s Stop Notice Statute

- No Choice in the Matter

- Government Shutdown

- Regional Headlines

- National Headlines

- Excerpt from Fifth Circuit Expected to Soon Rule on Constitutionality of Mississippi’s Stop Notice Statute:

The constitutionality of the Mississippi Stop Notice statute, Miss. Code Ann. § 85-7-181, has now been challenged; leaving it possible that unpaid subcontractors and suppliers will be completely without any legal remedy against an owner in Mississippi. Specifically, in Noatex Corporation v. King Construction of Houston, LLC, 884 F.Supp.2d 478 (N.D.Miss. 2012), Mississippi’s Stop Notice statute was ruled unconstitutional by a federal court. That issue is now on appeal before the U.S. Court of Appeals for the Fifth Circuit sitting in New Orleans. The Fifth Circuit is expected to soon rule on whether unpaid subcontractors and suppliers have any lien rights on construction projects in Mississippi.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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