Law Brief: Lien Times: Securing Mechanics Liens for Preconstruction Services
Benefits of a Stop Notice for Construction Contractors
Hot to Get Paid: Tips and Tricks for Construction Companies in DC, MD, and VA
A federal judge in New York served up a good reminder last week about the importance of dotting your i’s and crossing your t’s when it comes to perfecting a mechanic’s lien. The case involves a payment dispute between a...more
Speedy Maintenance, LLC v. Windsor Tower, LLC, 2024-Ohio-5841 (2d Dist.) is a recent case concerning a dispute over repairs to a parking garage where Ohio’s Second District Court of Appeals confronted issues....more
In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural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
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
General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more
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
Lien claims can pose serious challenges—and immense frustration—for any owner or developer of a private construction project, particularly for those wishing to refinance or sell the property. An owner with a finance...more
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
A subcontractor has liened the property although the owner has paid in full for its work. The general contractor has disappeared. What should an owner do next? And will its attorneys’ fees be recoverable?...more
Ferrara v. Peaches Café LLC, 2018 NY Lexis 3244 (November 20, 2018) - COR Ridge Road Company, LLC (“COR”), as landlord, entered into a 10 year lease with Peaches Café, LLC (“Peaches”). ...more
NRS 108.2275 allows parties to, among other things, recover attorneys’ fees and costs associated with seeking relief from frivolous or excessive mechanic’s liens. The Nevada Court of Appeals recently examined NRS 108.2275—and...more
Summit Contracting Grp., Inc. v. Ashland Heights, LP, 2016 U.S. Dist. LEXIS 60662 (M.D. Tenn. May 6, 2016) - Ashland Heights, LP (“Owner”) contracted with Summit Contracting Group, Inc. (“Contractor”) to construct an...more
A new Virginia law invalidates any mechanic’s lien or payment bond waiver signed before work has commenced. The Governor recently signed new legislation into law, effective July 1, 2015, that invalidates waivers of...more