News & Analysis as of

Mechanics Lien

Gray Reed

Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool

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In these unprecedented times, every bit of revenue is critical to the continued operation of nearly every business operating within the construction industry. Fortunately, there are a myriad of remedies to aide collection...more

Bradley Arant Boult Cummings LLP

Georgia Legislature Amends Mechanic’s Lien Law

An important update to Georgia’s statutory lien waiver laws took effect on January 1, 2021. The amendment to Georgia’s mechanic’s lien law alters the form for interim and final lien waivers. Essentially, the new statute...more

Baker Donelson

Significant Changes to Georgia Lien Law on January 1: Are You Prepared?

Baker Donelson on

Important changes to the Georgia law on waivers for mechanic's lien and payment bond claims (lien waivers) are effective January 1, 2021. Under current Georgia law, lien waivers are "conditional," meaning they do not waive...more

Tarter Krinsky & Drogin LLP

Law Brief: Lien Times: Securing Mechanics Liens for Preconstruction Services

Construction Counsel Sean Scuderi joins Rich Schoenstein to explore “Lien Times: Securing Mechanics Liens for Preconstruction Services” on the latest episode of Law Brief. Sean and Rich break down recent developments...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 6, 2020

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Real Property Update - Easement Appurtenant: easement was presumptively appurtenant (held to run with the land) because (i) it was not terminable except by agreement executed by both parties with formalities of a deed,...more

Bennett Jones LLP

Prompt Payment Legislation in Alberta: Changes and Clarifications

Bennett Jones LLP on

On October 26, 2020, we provided an overview of the key features of Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, which is intended to amend the Alberta Builders' Lien Act (BLA) and become the Prompt Payment...more

Cole Schotz

Appellate Court Ruling Reinforces Narrow Avenue For Reducing Excessive Mechanic’s Liens

Cole Schotz on

What recourse does an owner (or other aggrieved party, such as a general contractor who is contractually obligated to remove sub-contractors’ mechanic’s liens) have for removing a mechanic’s lien from the property on which it...more

Haight Brown & Bonesteel LLP

Litigation Privilege Saves the Day for Mechanic's Liens

In RGC Gaslamp v. Ehmcke Sheet Metal Co., the Fourth Appellate District held that a trial court properly granted an anti-SLAPP motion because the recording of a mechanic’s lien is protected by the litigation privilege....more

Pillsbury Winthrop Shaw Pittman LLP

Distressed Real Estate During COVID-19: Mezzanine Loans Behind Construction Loans—Special Considerations and Intercreditor...

Construction loans with companion mezzanine loans raise a host of concerns that are unique to more standard ICAs between a mortgage lender and a mezzanine lender. An intercreditor agreement (ICA) involving a construction...more

Akerman LLP

Georgia Owners and Contractors: Time to Update Your Lien Waiver Forms and Other Contract Provisions

Akerman LLP on

Construction owners and contractors in Georgia rely heavily upon the statutory protections provided by Georgia’s mechanic’s lien waiver law, O.C.G.A § 44-14-366. Beginning January 1, 2021, these protections will be narrowed...more

Eversheds Sutherland (US) LLP

New Georgia law confines statutory lien waivers to a claimant’s lien rights

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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 25, 2020

Carlton Fields on

Financial Services Update - FDCPA / Definition of "Debt": a convenience fee is a separate charge for acceptance of payment that is not part of the underlying debt - Garbutt v. Ocwen Loan Servicing, LLC., No....more

Miles Mediation & Arbitration

Georgia Changes Lien Law

On August 5, 2020, Georgia Governor Brian Kemp signed a new law, Senate Bill 315, changing Georgia’s lien law statute, O.C.G.A. 44-14-366. The new statute, effective January 1, 2021, makes clear that lien waivers only waive...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 32, August 2020

Trump Administration Approves Arctic National Wildlife Refuge for Land Leasing, Oil Drilling - "The Trump administration continues to roll back environmental protections and opening doors for the fossil fuel industry in...more

Gray Reed

Lien Inception

Gray Reed on

When owners file bankruptcy or projects otherwise go south, lien priority often comes to the forefront.  The idea is relatively simple.  Priority is how courts determine which creditors get paid first.  This often pits...more

Womble Bond Dickinson

10 Key Considerations for Commercial Real Estate Loan Restructurings: A Primer

Womble Bond Dickinson on

The tragic and widespread effects of COVID-19 continue to unfold on a daily basis. The pandemic’s impact from both a public health and economic perspective has been literally unfathomable. For commercial real estate owners,...more

Faegre Drinker Biddle & Reath LLP

Understanding Mechanic’s Liens and Arbitration Provisions

As construction companies continue to operate under the stresses of the COVID-19 pandemic and social unrest, projects are starting and stopping as a result. These interrupted schedules, along with our overall disrupted...more

Jaburg Wilk

Benefits of a Stop Notice for Construction Contractors

Jaburg Wilk on

Disputes over payment are common in construction law. A Stop Notice is a powerful tool to compel even the most stubborn of delinquent accounts to pay. ...more

Bradley Arant Boult Cummings LLP

Notice Your Lien or Kiss it Goodbye

Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement...more

Seyfarth Shaw LLP

Georgia Senate Bill 315 Will Change Georgia’s Lien Laws

Seyfarth Shaw LLP on

On January 28, 2020, Senator Lindey Tippins introduced Georgia Senate Bill 315 (the “Lien Bill”), which, if enacted, will substantially change the way Georgia treats mechanics and materialmen lien claimants who furnish the...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

Attorneys’ Fees Now Available for Residential Mechanics’ Lien Foreclosures

In early 2020, the Iowa Supreme Court ruled that contractors who have a mechanics’ lien on a residential property cannot recover attorneys’ fees from the sale of the homestead. We explained in a prior blog about how that...more

Davis Brown Law Firm

Bill Enhancing Residential Mechanic's Lien Rights Passes Both Chambers - Now on to Governor

Davis Brown Law Firm on

With the passage of SF458, residential contractors will have their right to collect attorney’s fees as part of their mechanic’s liens restored, assuming Governor Reynolds signs bill, which is expected within the next 30 days....more

Bradley Arant Boult Cummings LLP

No Mechanic’s Lien Rights for Providers of Geotechnical and Construction Observation Services in Delaware

On May 15, 2020, in Geo-technology Associates Inc. v. Capital Station Dover, LLC, the Delaware Supreme Court dismissed an action to enforce a mechanic’s lien because the geotechnical and construction observation services...more

Butler Snow LLP

Deadlines for Mechanics’ Liens and Construction Liens: Mississippi

Butler Snow LLP on

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

Vandeventer Black LLP

Virginia's Mechanic's Lien Plus Statute: Making those in higher tiers personally liable separate from and regardless of mechanic's...

Vandeventer Black LLP on

Within Virginia’s mechanic’s lien article is a little known, and little used, mechanism providing for personal liability of higher tiers separate from that article’s mechanic’s lien rights. The title is “How owner or general...more

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