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Pay When Paid and Pay If Paid: Delaware

Sometimes, it seems as if determining whether pay if paid clauses and/or pay when paid clauses are enforceable in a certain state is nearly impossible. In many states, the question is only resolved by an analysis of the specific language of the individual clause itself, a labor intensive proceeding that, almost invariably, leads to confusion […]

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Mechanics Liens: Mechanics Liens and … Criminal Law?

While browsing recent news stories involving mechanics liens, a very interesting headline popped up in my search results: “Sixteen People Arrested on Federal Indictment Involving Multi-State Car Theft Conspiracy.”  At first, I was surprised that such a story opened up after a search for “mechanics liens,” but after reading a little more about the case, […]

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Delaware Mechanics Lien Law: 5 Things to Know

Delaware Mechanics Lien Law Provides Fairly Broad Protection Delaware mechanics lien law states that project participants that have contributed services or materials to the improvement of a property (including repair and alteration) may file a Statement of Claim for any amount over $25. Work “in plumbing, gas fitting, paper hanging, paving, placing iron works and […]

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No Written Contract Required to File Lien In Delaware

Thanks to the Fox Rothschild LLP blog for calling our attention to a recent Delaware Supreme Court decision confirming that a mechanic lien may be filed in Delaware for claims arising out of a verbal agreement. The case was A&E Drywall Services, LLC v. Eugene A. Delle Donne & Son, LP, et al.. (click to read full text). […]

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Pro-Owner ‘Trick’ in the Delaware & Pro-Contractor ‘Trick’ in the Louisiana Lien Statutes

Here and there, there are statutes within a state’s lien laws that allow a property owner to place a duty of performance on subcontractors and contractors. When representing property owners, savvy construction attorneys will recommend that these statutes be utilized to protect the owner from future liens. An example of these types of statutes can […]

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