News & Analysis as of

Subcontractors Waivers Liens

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

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

DarrowEverett LLP

AIA Contracts are Especially Best Measured Twice and Cut Once

DarrowEverett LLP on

In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down...more

Burr & Forman

Broad Form Lien Waivers No Longer Part of the Game in North Carolina

Burr & Forman on

North Carolina Avenue is one of the hottest properties in Monopoly, says most of my kids.  And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to...more

Smith Debnam Narron Drake Saintsing & Myers,...

New Changes to North Carolina Construction Law

New legislation in North Carolina makes changes to various laws governing construction projects. The changes affect design-build projects, lien waivers requested from subcontractors, and a lien claimant’s ability to obtain an...more

Gray Reed

Can the Trust Fund Act be Waived

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The general prohibition against waiving lien rights under Chapter 53 of the Texas Property Code has been written about extensively, and is well known through the industry.  However, the Construction Trust Fund Act (Ch. 162 of...more

Snell & Wilmer

General Contractor’s Prospective Waiver of its Lien Rights is Enforceable in California

Snell & Wilmer on

In an opinion published in September 2014, entitled Moorefield Construction, Inc. v. Intervest Mortgage Investment Company, et al., D065464, the California Court of Appeal held an original contractor can contractually waive...more

Gray Reed

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

Gray Reed on

Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment. In addition, many subcontracts contain lien waivers lurking in the boiler...more

Smith Anderson

Changes to North Carolina Lien and Bond Law – What You Need to Know

Smith Anderson on

A number of significant changes to North Carolina’s lien and bond statutes were just signed into law. In part, these changes are in reaction to concerns from the title insurance industry about so-called “hidden” liens, the...more

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