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California-Construction-Management-Licensing-Requirement

New California Law Passed In Response To Fifth Day That Affects Construction Managers

A few months ago Nate wrote an article titled “Unlicensed Contractor? Depending On The State You May Be Working For Free.”  The subject of this article is very important, as is the topic of contractor licensing. In many states, those who are required to have a contractors license, and who do not, could be completely […]

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Unlicensed Contractor?: Depending on the State, You May be Working for Free

Before a mechanics lien can properly attach to property and provide security for the lien claimant, several questions need to be asked: Did the lien claimant do the work? Does the work performed by the lien claimant give rise to mechanics lien protection under the laws of the particular state? Did the lien claimant comply […]

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Virginia Mechanics Lien Law Amendment: How Much Really Changes?

  The Lien Blog recently discussed changes to the mechanics lien law scheme in Virginia. These changes mandate that every mechanics lien claimant have a license, and that the license number and dates of issue and expiration be listed on the face of the lien document, in order for the claimant’s lien to be valid. […]

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Mechanics Liens: Recent Lien Law Amendments in Virginia

The Lien blog is constantly writing about both effective and potential changes in a state’s mechanics lien law.  As we’ve noted, sometimes these changes can be innocuous, such as when Louisiana substitutes an English word for Latin one for its statutes, but others, such as Illinois’ proposed bonding-off amendment, can have major consequences.  Virginia is […]

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Beware of Licensing Issues When Thinking About Maintenance Work and Mechanics Lien Rights

Yesterday we published an article about Whether Maintenance Companies Have Mechanics Lien Rights.  The article focused on whether the work performed by such companies qualified for a mechanics lien filing. This post, on the other hand, assumes that the maintenance work performed does actually qualify for lien rights.  Instead, it focuses on one hurdle the […]

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Conflicting Court Decisions Highlight Complexity Of Mechanics Lien Law

Last week I wrote about two court decisions released in April 2012, one out of California (Montgomery Sansome LP v Rezai) and one out of Idaho (Stonebrook Construction v. Chase Home Finance).  These cases presented almost identical circumstances, yet the courts reached opposite results. Summary of Idaho v. California Cases The California and Idaho cases […]

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Idaho Mechanics Lien Invalidated By Appeals Court Based on Contractor Registration Technicality

It’s funny how cases are decided completely independent from one another, but somehow, there is overlap and relationships between them. This is the case for two decisions from the past few weeks, one in Idaho and another in California. They both regard almost identical issues, yet the courts reach almost opposite results.  Ah, there is […]

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California Court Forgives Mechanics Lien Incorrect Identification Of Claimant

What’s in a name? Unfortunately when filing a mechanics lien claim, since the legal industry sometimes celebrates pointless technicalities, names can mean a lot. Over the past six months, the California appeals courts have grappled over claimant names more than usual. Back in September, I wrote about an appeal opinion in Ball v. Steadfast-BLK, where […]

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FAQ: If I’m Unlicensed, Can I File A Mechanic’s Lien?

Short Answer:  It depends.  In some states, unlicensed contractors are forbidden from filing a lien.  In other states, it is allowed.  You must consult your state’s particular lien laws. Long Answer: The first thing to say about this subject is that if you’re doing work that requires a license without having that license, you’re treading […]

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Georgia Mechanics Lien: The Importance of Being Registered to Work in Georgia

Virtually every state regulates contractors and other construction professionals in some manner. Those who perform construction services without proper registration or licensing, jeopardize their ability to file a construction lien.  This is the case in California, for example, which was discussed in a blog post a few weeks ago. In Georgia, O.C.G. §48-13-30 et seq. […]

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