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Signing Lien Waivers? What It Says May Be More Important Than What Happened.

Lien waivers, including waivers of the right to make a bond claim, are common documents that are exchanged on every construction project. Far from being innocuous “throw-away” documents standing in the way of receiving payment, or documents that just need to be rubber-stamped with no review, waivers can have significant consequences and should be treated […]

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Arkansas Notices: Preliminary? Notice of Intent? Both?

In many states, the notice required prior to filing a valid mechanics lien can be classified as either a preliminary notice or a notice of intent to lien. And, while less common, it’s not unheard of for a state to require both a preliminary notice prior to (or within a short time of) starting work, […]

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Arkansas Mechanics Liens Require “Enforceable” Contract

The requirements that must be met prior to filing a valid mechanics liens can be complex. These requirements range from sending the appropriate preliminary notices, to filing the lien within a specific time period, to serving the lien on the necessary parties by the mandated method. All of this presupposes, however, that the mechanics lien […]

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Arkansas Mechanics Lien Law: 5 Things to Know

How Lien and Bond Claim Laws Work

Preliminary Notice is Necessary On a residential project, a contractor is required to provide a Pre-Construction Notice to Owner prior to starting work.  While the general contractor’s notice to owner works to the benefit of the sub-contractors and material suppliers, his failure to give the required notice affects their lien rights.  It is prudent, then, […]

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Lien Law Alert: Arkansas Mechanics Lien Can Include Profits Only If The Job Is Done

Caution With These Construction Law and Lien Law Problems

Earlier this year, the United States District Court for the Western District of Arkansas issued an opinion that could have far-reaching implications on the state’s mechanics lien laws, holding that “profits” were not recoverable in a mechanics lien claim unless the entire construction project was completed. In Erdman Co. v. Phoenix Land & Acquisition LLC, a property developer (Phoenix) […]

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FAQ: Are We Required To Deliver A Notice Of Intent To Lien Before Filing Our Lien?

Mechanics Lien Laws Can Confuse

Short Answer:  Only in the following states:  Arkansas, Colorado, Connecticut, Louisiana, Missouri, North Dakota, Pennsylvania, Wisconsin, Wyoming. Long Answer:  It’s extremely common for folks to not quite understand the differences between preliminary notices and notices of intent to lien; and further, to not quite understand when a state requires notices of intent to be sent. […]

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