Mechanics Lien

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

Recent Amendments to Virginia Mechanics' Lien Statute Require Contractor Licenses

by Amy E. Garber | Ober|Kaler on 4/23/2013

Under March 2013 amendments to the Virginia mechanics’ lien statute, contractors seeking mechanics’ liens must now demonstrate that they are licensed to complete their work. As a result, contractors who do not obtain 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

Real Estate Tip – Tenant Fit-Up: When is the Job Complete?

by Richard Smith | Bernstein Shur on 4/12/2013

Rent payments may be tied to a fit-up completion date, such as the tenant’s opening or receipt of an architect’s certificate. Once the fit-up work is complete and the tenant is paying rent, what happens if the landlord...more

Illinois House Considers Bill to Allow “Bonding Off” of Mechanics Liens

by Timothy Patenode, Jennifer Ryan | Katten Muchin Rosenman LLP on 4/12/2013

Lenders in Illinois might want to take note of pending Illinois House Bill 2804. The bill would amend the Mechanics Lien Act, so as to allow “bonding off” of mechanic liens for the first time in Illinois. Nearly every state...more

The Lesser of Two Evils? Court Holds that Statutory Measure of Recovery Under a Mechanic’s Liens Is the Lesser of Reasonable Value...

by Matthew Henderson | Miller Starr Regalia on 4/9/2013

In Appel v. Superior Court (No. B244590, 3/11/13), California’s Second District Court of Appeal held that the proper measure of a mechanic’s lien claim is the lesser of the reasonable value of the services and materials...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

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

by Jennifer R. Phillips, Nicole Sornsin | Snell & Wilmer L.L.P. on 4/4/2013

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

Changes to North Carolina's Mechanics' Lien Statue

by Brian Evans, Samuel Reaves | K&L Gates LLP on 3/29/2013

There are significant changes to North Carolina’s mechanics’ lien statute that take effect on Monday, April 1, 2013. These changes impose new duties on property owners regarding the designation of a private lien agent on...more

Simplifying the Mechanic's Lien Agent Process: N.C.'s New Online Clearinghouse

by Bryan G. Scott | Spilman Thomas & Battle, PLLC on 3/29/2013

As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in...more

North Carolina Legislature Uncovers "Hidden Liens"

by Saxby Chaplin | Womble Carlyle Sandridge & Rice, PLLC on 3/15/2013

Executive Summary: North Carolina implements “lien agent” law for construction projects. The North Carolina General Assembly recently enacted significant changes to North Carolina's mechanics lien laws. These changes...more

Should You Sue Your Contractor?

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 3/1/2013

Suppose you decided to have some work done in your house – you planned what you’d like to do, you found a contractor, signed a contract, and the contractor started work....more

Five Things You Need To Know About Iowa's New Mechanic's Lien Law

by Jodie Clark McDougal | Davis Brown Law Firm on 1/30/2013

In This Issue: 1. New Online Filing System. 2. The Two Relevant Categories of Residential Construction Companies. 3. Two Notice Requirements for Residential General Contractors. 4. One Notice...more

Revised law is new paint job for construction remedies

by William "Fritz" D. Pahland | Miller Starr Regalia on 1/11/2013

Originally published in the San Francisco Daily Journal - December 26, 2012. If the sudden 2008 credit crunch can be likened to an earthquake, then the following flood of mechanics lien and stop payment notice...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

Can You File A Mechanics Lien Foreclosure Lawsuit Without An Attorney?

by Zlien on 11/12/2012

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...more

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