News & Analysis as of

Mechanics Lien

Lien on Me (When Your Priority’s Gone) - Construction and Procurement News, Q1 2018

Imagine this scenario. You are the developer for a new mixed-used facility as part of a city’s revitalization effort. Months went into clearing all of the zoning and financing hurdles. But now, everything is in place. All...more

A Reference to Deference – The Court Weighs in on a Consultant’s Findings

by Field Law on

The consultant plays an important role in any construction project. The consultant is obligated to fulfill its role in impartial manner, even though a contractor or owner may not always agree with the consultant’s...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 2, 2018

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Standing: borrower's standing arguments failed because they were based on notion that note changed hands after it was delivered to World Savings Bank in 2007, when in fact the note...more

When Calculating Lien Periods, it’s Convenient to be Prevenient

by Field Law on

Are you out of time to register your lien? It depends! Under section 41 of the Builders’ Lien Act (the “BLA”) a lien must be registered within 45 days (or 90 days for an oil or gas well or well site) after the last day...more

Real Estate and Construction Newsletter - February 2018

by Barley Snyder on

Pennsylvania Construction Contractors Under The Gun For Misclassifying Employees As Independent Contractors - Pennsylvania has been sending a strong message to contractors that it is enforcing a law penalizing contractors...more

Mortgage Loan Modifications – What is the Risk of Loss of Lien Priority?

Lenders and borrowers often enter into loan modification agreements to change the terms of a mortgage loan. Perhaps the most common modification arises when the borrower is experiencing difficulty repaying the loan according...more

How Bankruptcy Affects Mechanic’s Lien Rights

While the process for filing and perfecting a mechanic’s lien (also called a construction lien in certain states) varies from state to state, federal bankruptcy law applies to all states. As a result, a bankruptcy filing by...more

The Bankruptcy And Construction Junction: Making Your Texas Mechanic’s Lien Function Better In Bankruptcy

by Cole Schotz on

In order to secure a real property owner’s payment obligation, contractors, mechanics, materialmen, and other workmen are often granted a lien referred to by a variety of names including, materialmen’s liens, workmen’s liens,...more

Mechanic's Liens 101: Ways to Avoid Them

by Faegre Baker Daniels on

A mechanic’s lien is a powerful tool for many construction participants on private projects and a major source of risk for owners. A mechanic’s lien is an involuntary lien and a statutory right that protects contractors,...more

Washington Mechanic’s Liens: How Recent Changes Impact Contractors

Construction contracting is a complex business. Whether you are the owner, contractor, or general contractor on a project, your attention must shift between numerous moving parts, regulatory requirements, and deadlines as the...more

Construction E-Note - September 2017

by Burr & Forman on

In an article published in the September/ October 2017 edition of the Associated Builders and Contractors’ Building Central Florida magazine, Peter Vilmos discusses the nation’s current infrastructure since President Trump’s...more

Burr Alert: Procedure for Perfecting a Mechanic’s Lien Claim in Alabama

by Burr & Forman on

Introduction A mechanic’s lien is a construction lien placed on real property which arises in favor of parties who furnish labor or material that is incorporated into the construction of a building or other improvement to...more

A primer for contractors: Getting paid -- fact or fiction?

by Hellmuth & Johnson PLLC on

As a contractor, getting paid for work completed isn't always as easy as collecting onsite or sending an invoice. Hellmuth & Johnson construction law attorney Blake Nelson answers fact or fiction when it comes to collections,...more

Court Finds Public Owners Responsible for Evaluating Surety as well as Surety Bonds

by Shipman & Goodwin LLP on

Mechanic’s liens provide security for nonpayment to subcontractors and suppliers on private projects. Because mechanic’s liens are not valid against property that is owned by the state or a municipality, the Little Miller Act...more

Construction and Infrastructure Update - July 2017

California’s New Public Works Claims Resolution Process - If you’re a public entity or contractor involved in public works construction, you should be aware of a new law that took effect this year establishing a new...more

Pennsylvania Mechanics’ Lien Law And The Construction Notices Directory- Avoiding Potential Pitfalls

by Fox Rothschild LLP on

On October 14, 2014, the Pennsylvania General Assembly signed Act 142 creating the Pennsylvania State Construction Notices Directory, which became effective January 1, 2017 (the “Act”). The Act created an online directory...more

Arizona Lien, Payment Bond, and Stop Notice Summary Guidelines

by Jaburg Wilk on

Preliminary Lien Notices - “Prelims” should always be given (usually necessary for perfecting lien, bond and stop notice claims) Send within twenty (20) days of first day materials/labor furnished (“20-day...more

Keeping Your Place in Line: Title Insurance Protections for Construction Loan Disbursements

Most construction loans contemplate multiple advances or disbursements of funds at various stages of the construction project. The construction loan agreement will set forth the conditions that the borrower must satisfy to...more

The Enforceability of Mechanic’s Liens in Bankruptcy is Dependent on State Law

In a recent decision by the Third Circuit Court of Appeals, the Court held that a mechanic’s lien filed by an unpaid supplier against a construction project, after the contractor through whom the materials were furnished...more

New State Construction Notices Directory: A Valuable Tool for Owners

by Cozen O'Connor on

Effective December 31, 2016, Pennsylvania’s Mechanics’ Lien Law of 1963 (lien law) was amended to allow for an online State Construction Notices Directory (directory) to provide notice to parties involved in projects costing...more

Third Circuit Holds That Post-Petition Filing of NJ Construction Lien Violates the Automatic Stay

by Seyfarth Shaw LLP on

On March 30, the Third Circuit Court of Appeals filed an opinion regarding whether the filing of a mechanic’s lien after the commencement of a bankruptcy case violates the automatic stay. Given the frequent involvement of ...more

The Enforceability of Mechanics' Liens in Bankruptcy Is Dependent on State Law

by Robinson & Cole LLP on

In a recent decision, the Third Circuit Court of Appeals held that a mechanic’s lien filed by an unpaid supplier against a construction project, after the contractor through whom the materials were furnished filed for...more

Iowa Legislature Changes Mechanic's Lien Law

by Davis Brown Law Firm on

On March 30, 2017, the Iowa Senate passed House File 586. This legislation included a provision expanding the category of residential general contractors who are required to timely file a "Commencement of Work" Notice (or...more

New York: Public Improvement Lien vs. Mechanic’s Lien

This is the first post in an ongoing series of posts on real estate and construction lending. Check back soon for more posts in our series. In New York, contractors must be careful to file the correct type of lien to...more

Coming Down the Pipeline: Mitigating the Payment Risk in Oil and Gas Construction Through Lien Claims

by Pepper Hamilton LLP on

Since 2015, the oil and gas market has experienced significant distress. Recent reports have tracked at least 114 North American oil and gas producers and 16 midstream companies that have filed for bankruptcy since the...more

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