It has been a busy year for mechanics lien laws in Pennsylvania, giving rise to an apparent battle between the legislature and special interest groups (trying to reduce mechanics lien rights) and the state judiciary (protecting…more
A recently published Pennsylvania Superior Court case significantly changed how mechanics lien priority is determined between lien claimants and banks with an open-ended mortgage. The decision - Commerce Bank Harrisburg NA v…more
If unpaid on a construction project filing a mechanics lien is a best-practice, as mechanic liens are usually successful at getting construction debts paid. In fact, based on a survey we conducted last year, over 64% of mechanic…more
We recently received a question from a blog reader inquiring about lien waivers, and specifically, whether signing a contract with a no-lien clause extinguishes that party's right to claim a lien in California…more
Earlier today we wrote about a recent decision from the Minnesota Court of Appeals whereby a bond claim was invalidated based on a tiny technicality about which address the notice of the claim was sent. That blog post focused…more
In Safety-Signs-v-Westfield-Insurance-MN-Appeals-Decision, the Minnesota Appeals Court issued a decision that feels clearly wrong. In response, the case was appealed to the state's highest court, and the American Subcontractors…more
We've mentioned several times that, in order to have a valid mechanic's lien, it is generally imperative the lien claimant not miss his notice deadlines. Calculating the deadlines can sometimes be confusing, and even if it is…more
Calculating mechanics lien deadlines should be straight forward...You start with your last day of furnishing or the completion date for the project (as the case may be), and you count the required number of days and land on your…more
The name of these documents should give away most of the answer, but still it can be confusing to distinguish these two documents and figure out which is the best for your particular situation. It certainly doesn't help that…more
Yesterday we published an article about Whether Maintenance Companies Have Mechanics Lien Rights. The article focused on whether the work performed by such companies qualified for a mechanics lien filing. This post, on the…more
It's been some time since we've done a Scenarios post, and over the past few weeks I've had a few folks contact me about filing a mechanics lien for maintenance type work, and I thought it made a perfect topic.
Short Answer: Yes
Long Answer: People get confused when working with churches, charities and other non-profit organizations. Since these entities are not organized to make a profit and operate like a business, and generally…more
In the past, as a construction attorney and now as the CEO of Zlien, I've consulted with thousands of companies about the thing they care about most: getting paid. This means working with credit managers, CFOs and controllers…more
Short Answer: It's a legal determination ultimately left up to a court, but takes into account a variety of factors. Typically, the most controlling or popular factor is when the property is ready for occupancy.
Everyone knows about Hurricane Sandy, which is all over the news and a somewhat shocking reminder that the Hurricane Season ends in November (not September). Nevertheless, in the wake of this hurricane, there will certainly be…more
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