News & Analysis as of

Construction Liens Liens Contractors

Is Your Lien Up to Code? B.C. Court Decisions Provide Clarity on Application of Builders Lien Act

The British Columbia Supreme Court (Court) recently released two decisions regarding the application of the Builders Lien Act (Act), providing clarity on limitation periods for filing a lien claim and the circumstances where...more

5 Key Takeaways: Texas Lien Laws and Advanced Lien & Payment

Kilpatrick Townsend’s Brian Gaudet recently gave two presentations, “Texas Lien Laws” and “Advanced Lien & Payment,” at the Associated General Contractors of America Houston Chapter....more

Thinking About Improving Your Louisiana Facility? Follow These Steps or Risk Unlimited Lien Liability Under Louisiana’s Private...

by Liskow & Lewis on

If a subcontractor or supplier on a Louisiana construction project is not paid in full, it can file a lien against the owner’s property and sue the owner for payment even though it did not contract with the owner and even if...more

Down Payments Issued Without a Sworn Statement May Result in Owners and Lenders Paying More than Their Contract Price

by Clark Hill PLC on

In the construction industry, owners and lenders often issue "down payments" to contractors prior to the commencement of work on a project. This practice commonly occurs on residential construction and small commercial...more

Under Construction - June 2015

by Snell & Wilmer on

Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more

Construction Lien Law: What You Need to Know to Protect Your Company

by Smith Anderson on

Presented by Tobey Coleman and Emily Yeatts This webinar provides an overview of North Carolina’s construction lien laws and how they apply to and impact each party involved in a typical construction project – owners and...more

Construction Case Law Update - January, 2015

by Carlton Fields on

FLORIDA STATE CASES - Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more

Developer May Not Extinguish Contractor’s Liens by Foreclosing on Its Own Mortgage, Florida Court Holds

by Ballard Spahr LLP on

A Florida appellate court recently rejected a real estate developer’s creative effort to shed its property of contractor’s liens. The court applied the venerable principal of mortgage law that a borrower may not extinguish...more

Subcontractor Claims: What Can You Do Once Your General Contractor Files Bankruptcy?

by Pepper Hamilton LLP on

Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) – After a general contractor filed bankruptcy, several of its...more

Summary of Mississippi’s New Construction Lien Law

Mississippi recently enacted a new construction lien law. This article addresses certain key provisions of the new law - codified at Mississippi Code Annotated § 85-7-401 (Rev. 2014) - that apply to commercial projects. ...more

Fourth Circuit Reestablishes Subcontractors’ Right to Perfect Liens After Bankruptcy Filing

by Poyner Spruill LLP on

The Fourth Circuit Court of Appeals recently ruled in the case of In re Construction Supervision Services that the property interest underlying a subcontractor’s lien on funds arises from the date it first furnishes labor or...more

Construction E-Note - April 9, 2014

by Burr & Forman on

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

Under Construction - September 2013: Arizona Court to Architect: You Have One Less Payment Tool than Your Contractor Counterparts

by Snell & Wilmer on

Architects occasionally get into payment disputes with project owners in much the same way as general contractors do. When that relationship sours, and litigation becomes necessary to secure payment, architects and...more

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

by Smith Anderson on

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

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