Author: Elliot Singer

  • Pay When Paid and Pay If Paid Clauses in California

    In many states, courts are required to determine whether a pay if paid, or pay when paid contract clause functions as a risk-shifting clause, or merely a timing mechanism. This can be a tough challenge. Fortunately, pay if paid clauses in California are easy to figure out: they are unenforceable as a matter of public…

  • “Pay When Paid” & “Pay If Paid” Clauses in Alabama

    Several weeks ago I wrote a post introducing undertaking a 50-state survey of “pay when paid” and “pay if paid” clauses.  While there are some nationwide trends in how these clauses are interpreted, each state can still have vastly different applications.  Thus, a closer look at how pay when paid clauses are applied by courts…

  • Encumbering Valuable Property: Another Great Reason to Lien

    One of the best articles we’ve ever published, and one I constantly refer to, is “17 Ways a Mechanics Lien Works To Get You Paid.”  Reason number one on that list is “A Mechanics Lien Encumbers the Property.”  I recently came across a real-life story demonstrating the power of liens, and I wanted to share it.…

  • Ohio Mechanics Lien Law: Ohio Adds New Charges to Remove Lien Exception from Title Insurance

    As another blog has noted, “contractors, subcontractors, owners, lenders, and title companies often become intertwined when a party seeks to purchase title insurance coverage for mechanic’s liens.” While many title insurance companies are willing to insure against some mechanics liens, most will insert a general exception for unfiled liens. As construction and contract negotiations continue however,…

  • Causing Bad PR: Another Great Reason to Lien

    How would you feel if one day you woke up to find that you and your property were the focus of a targeted investigation conducted by your local news channel, causing bad PR for your business?  Believe it or not, filing a notice of a mechanics lien in a state like West Virginia can do…