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Liens Construction Project

Gray Reed

Lien and Bond Claims in September 2024: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of September. If you have any questions about the lien and bond claim process, don’t hesitate to reach out to any member of the Gray Reed...more

Stoel Rives LLP

From Lien to Clean: Addressing an Expired Lien in the Chain of Title

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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

Smith Debnam Narron Drake Saintsing & Myers,...

Court of Appeals Confirms Partial Lien Waivers Do Not Waive Lien Rights

In a recent decision, the North Carolina Court of Appeals held that a general contractor’s execution of partial lien waivers did not prejudice a supplier’s lien rights on the construction project. The case is Atlantech...more

Bradley Arant Boult Cummings LLP

Alabama Lien Law 101

You did not get paid for your labor and material, so you ask, what can I do? Alabama’s lien law provides you an opportunity to place a lien on the property for certain unpaid amounts for labor and materials. If you follow the...more

Cozen O'Connor

Massachusetts Rules Defenses to Prompt Pay Act Violations Retained Only If Payment Made Before Assertion in Legal Proceeding

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On June 17, 2024, the Massachusetts Supreme Judicial Court issued an opinion of first impression regarding the Prompt Pay Act, M.G.L. c. 149, §29E, holding that a contractor found to have violated the Prompt Pay Act for...more

Bradley Arant Boult Cummings LLP

Mechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender

In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural requirements set forth in the mechanics lien...more

Gray Reed

Lien and Bond Claims in May 2024: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of May....more

Davis Wright Tremaine LLP

Washington Supreme Court Holds Prelien Notice Not Required for Labor Liens

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

Spilman Thomas & Battle, PLLC

Clarifying Mechanics’ Lien Law

A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain...more

Gray Reed

Lien and Bond Claims in March 2024: Dates to Remember

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Please use the below guide as a reference when filing lien and bond claim notices for the month of March....more

Troutman Pepper

Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

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The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are...more

Conn Kavanaugh

Residential Construction Projects: Pre-construction Part 1

Conn Kavanaugh on

This Article is Part 1 in a series of articles discussing common considerations that homeowners should look for before, during, and after a residential construction project. Part 1 focuses on arguably the most important...more

Porter Hedges LLP

The Owner’s Dos and Don’ts When a General Contractor Files for Chapter 11 Bankruptcy

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This blog post addresses: (1) steps to be taken, (2) issues to be aware of, and (3) recovery prospects when a general contractor files for bankruptcy protection under Chapter 11 of the Bankruptcy Code, from the owner’s...more

Stoel Rives -  Ahead of Schedule

Washington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc.

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

Seyfarth Shaw LLP

50 State Lien Law Notice Requirements

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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

Spilman Thomas & Battle, PLLC

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 a brief summary of the changes for...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 10, October 2023

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

Bradley Arant Boult Cummings LLP

Wait, Is My Lien Waiver Enforceable?

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

Sands Anderson PC

Nobody’s Perfect(ed): The Complex Landscape of Mechanic’s Liens in Virginia

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Mechanic’s liens have long been a valuable tool for mechanics and materialmen in the Commonwealth to secure their rights to payment. Yet, despite mechanic’s liens having been in existence for well over a century, properly...more

Cole Schotz

Balancing Mortgage and Mechanics Lien Priorities in New York

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In an ideal world, the interests of contractor and lender involved in the same construction project are aligned: the project succeeds, and everyone is paid what they’re owed. But when the interests of contractor and lender...more

Porter Hedges LLP

Bond to Indemnify Against Liens vs. Bond to Pay Liens or Claims

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Bonds can play an essential role in protecting owners from the financial risk associated with liens and other contractor claims on Texas construction projects. Two types of commonly used surety bonds are (1) bonds to...more

Bennett Jones LLP

Alberta Prompt Payment And Construction Lien Act—Court Confirms 180 Day Deadline To Commence An Action

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Benjamin Franklin once said, "lost time is never found again". A recent case from the Alberta Court of King's Bench confirms the truth of this statement for any lienholder seeking to initiate a Statement of Claim past their...more

Bradley Arant Boult Cummings LLP

Can a Lien Enforcement Action Be Properly Removed to Federal Court in Alabama?

In Alabama, a lien claimant must file a lawsuit to enforce its mechanic’s lien within six months of the maturation of the entire indebtedness in the Alabama state circuit court in the county where the subject property is...more

Miller Canfield

Construction Liens in Ontario: An Introductory Guide for Contractors

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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

Hahn Loeser & Parks LLP

Potential Changes on the Horizon to Ohio Lien Law

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The Ohio General Assembly is considering a revision to Ohio private lien law to make it clearer when projects start and end and enable title to be clear on lien rights. Under 1311.04, a Notice of Commencement (NOC) is to be...more

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