Construction Lien Law: What You Need to Know to Protect Your Company
An owner hired a contractor to make improvements on real property, but the contractor failed to pay its subcontractors or suppliers. What happens next? Under Michigan’s Construction Lien Act, contractors, subcontractors,...more
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
In a perfect world, every property owner would promptly pay their contractor's bill. Of course, we do not live in a perfect world. For that reason, contractors are able to record construction liens to secure their payment...more
If you develop or build on real property in Oregon, your progress payments to contractors on future projects will be affected by a new law, effective on March 7, 2024. If you are a construction lender, your borrower may...more
The Washington Supreme Court recently held that a contractor is not required to provide a property owner with a prelien notice in order to have a valid lien for labor provided to a construction project. Washington...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
Now that you have successfully filed your construction lien claim, whether the lien involves a commercial or residential property, the next logical question is what must be done to enforce the construction lien and to receive...more
This quick reference describes general time requirements for filing lien notices in each state, plus Washington, DC. Seyfarth’s Construction team prepared the survey for use primarily by commercial contractors and real estate...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - INTRODUCTION - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates...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
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates in all remaining...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
Construction law is NOT boring, at least that’s what I tell my daughters. In these series of posts, I will explore some of the VERY interesting historical facts about construction law that can be used at your next motion...more
Most people involved in real estate have heard the phrase "caveat emptor" or "buyer beware." - There are risks inherent in purchasing property: unseen structural flaws, hidden environmental contamination, and other...more
In response to the ongoing delays and uncertainty caused by the COVID-19 pandemic, Governor Brown signed House Bill 4212 into law in June 2020. The law contains a number of remedial measures affecting the functioning of local...more
For contractors and subcontractors, late payments can be an all-too-familiar part of the construction industry. Many assume the best of intentions—maybe the check is still in the mail? Maybe there was an emergency...more
Changes to Remedies in Lien Enforcement Actions - New legislation in Tennessee has limited the recovery of attorney’s fees, expenses, and actual and liquidated damages in instances where a real property owner seeks to...more
Published cases examining the New Jersey Construction Lien Law (“CLL”) tend to be few and far between, but recently the Appellate Division issued a decision to be published, helping to further illuminate, albeit on a fairly...more
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