Construction Lien Law: What You Need to Know to Protect Your Company
One of the most common protections for laborers, contractors, suppliers, and others providing construction services or materials for a project is the right to a lien against the project property for the value of the work...more
Dans l’affaire Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (l’« affaire Pinnacle Living »), la Cour d’appel de la Colombie-Britannique (la « CACB ») s’est récemment penchée sur la capacité d’un...more
In Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (Pinnacle Living), the British Columbia Court of Appeal (Court) recently considered the ability of an owner to obtain a discharge of a lien by...more
Washington’s construction lien statute, RCW 60.04, balances the interests of persons performing work to improve real property with the interests of property owners in avoiding the necessity of paying for the same work twice....more
Recently, the Oregon Court of Appeals reinstated a contractor’s mechanics lien claim notwithstanding the owner’s offer of payment because the offer was conditioned on the contractor signing a broad lien waiver that would have...more
Florida’s Construction Lien Law, F.S. 713.001 et seq., was recently amended and includes important changes effective October 1, 2023, about which contractors should know. The following is a brief summary of the changes for...more
Lien on Me – Florida Edition 2023 - Florida’s Construction Lien Law, F.S. 713.001 et seq., was recently amended and includes important changes effective October 1, 2023, about which contractors should know. The following is...more
If you get into a construction dispute concerning payments made to your contractor, subcontractor, or supplier, you want to be sure that your lien waivers are enforceable in your jurisdiction. A lien waiver is an agreement...more
Welcome back to the DMV Construction Law Series, where we discuss emergent legal issues important to contractors. This installment looks at the use of the releases that are typically required to be signed with payment...more
A construction lien is a legal mechanism that helps protect contractors, subcontractors, and suppliers (collectively the “Lien Claimant”) from non-payment for their work on a construction project. In Ontario, construction...more
In the course of reviewing construction subcontracts, I’ve recently seen provisions similar to the following (simplified for convenience and confidentiality): “The subcontractor shall reimburse the [Contractor and/or Owner]...more
In an attempt to reduce delayed payment periods in Alberta, on August 29, 2022, the Prompt Payment and Construction Lien Act (the PPCLA) came into force replacing the Builder's Lien Act (the BLA). Although most of the BLA was...more
How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because...more
Lien rights can be one of a contractor's most important means of securing payment on any private construction project in North Carolina. Under Chapter 44A of the North Carolina Statutes, contractors that contract directly...more
The Alberta Government has now confirmed that the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (BLA) will come into force on August 29, 2022 when the Alberta Builders' Lien Act, will become the Prompt Payment and...more
Over the last decade of helping the AGC Houston Chapter with their mission of educating construction professionals in the Houston market, I always remind those who attend our lien classes that the Texas Legislature meets...more
In early June 2021, Governor Abbott signed into law House Bill 2237 (the Bill) that makes substantial changes to the law that establishes the requirement for mechanic’s and materialmen’s liens and bond claims in Texas. ...more
Chapter 53 of the Texas Property Code just received major updates for the first time in years. On June 15, 2021, Gov. Greg Abbott signed into law HB 2237. This bill makes many notable changes to Texas’s lien laws. The...more
On October 21, 2020, following other Canadian jurisdictions, Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, passed its first reading in the Legislature of Alberta. If Bill 37 receives royal assent, it will,...more
In its March 11, 2021 opinion, Division Three of the Washington Court of Appeals considered whether the 90-day period to record a claim of lien is extended by a contractor performing work after substantial completion to...more
The Government of Alberta recently introduced the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (Bill) in the Alberta Legislature. The Bill proposes, among other things, the introduction of prompt payment legislation...more
On August 5, 2020, Georgia Governor Brian Kemp signed into law a revised version of Georgia’s mechanics’ and materialmen’s lien statute. Under the new law, a claimant’s submission of a statutory lien waiver will only impact...more
Liens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a construction contract. When utilized properly, filing a lien may induce an owner...more
The COVID-19 pandemic has caused more than just health concerns for our community—it has also created significant economic concerns. Jobsites are shutting down across the country and contractors are afraid that project...more
A recent New York appellate court decision highlights the danger of contractors, subcontractors and suppliers not having a complete understanding of Section 38 of the Lien Law. It allows the party against whom a mechanic's...more