In order to qualify for a mechanics lien, a construction party must furnish labor and/or materials in the improvement of property. One issue many parties face is the varying definitions from state to state of what an “improvement” is or what an “association with an improvement” means. Sometimes parties such…Read More
Design Professionals ArticlesRSS feed for this section
Design professionals (particularly architects) are given a lot of responsibility on work projects. Sometimes, design professionals’ control over work projects can even supersede that of the property owner. This extra responsibility means that design professionals are open up to more liability and sometimes owe a duty to more than just…Read More
Brace yourself. Legal jargon is coming. What is the economic loss doctrine? Simply put, the economic loss doctrine is a legal rule that bars tort claims (negligence claims) purely for economic loss. There must be some sort of personal injury or damage present in order for the claim to be…Read More
While most of the writing about construction payment and mechanics liens focuses on contractors and suppliers, there’s another group of people out there vital to completing (and even starting) any construction project. I’m talking about design professionals. Design professionals include architects, engineers, interior designers, and other licensed professionals.
Without these guys…Read More
Design professionals are a unique part of the construction industry. Why? Because these individuals and firms conduct work many times prior to the actual commencement of construction. Other times, they are hired as supervising agents. Because of these unique roles, design professionals can be treated differently in a legal sense….Read More
Every state has some sort of Prompt Payment Act which statutorily requires “prompt payment” to contractors, subcontractors, and suppliers. However, not all of these laws have been applied to design professionals such as architects. Arizona Governor recently signed into law the “Arizona Design Professional Prompt Payment Act” or House Bill…Read More
Design professionals, architects and engineers, are integral and important parts of the construction world. They may not perform the same functions as your average contractor, but design professionals still face issues, such as non-payment, familiar to other construction participants. Some states do not specifically include these professionals in their lien…Read More
An interesting article I read recently at nc-construction-law.com highlights a recent decision by the North Carolina Court of Appeals (“court of appeals”). In Ramey Kemp & Associates, Inc. v. Richmond Hills Residential Partners, LLC et al., the NC court took a look at the mechanic’s lien rights of design professionals.
Generally speaking, when working on a private construction project in Florida, you must deliver a “Notice To Owner” to preserve your mechanics lien rights. Like any law, there are exceptions. This post reviews the rule, the exceptions and some best practices for your company.
Explaining Florida’s Notice To Owner Requirement
Earlier this year, we posted about a small change to the Massachusetts mechanic lien laws. The new law – Chapter 424 of the Acts of 2010 – explicitly provides design professionals mechanic lien rights in the state. From here on out, therefore, architects, engineers and other design professionals have the…Read More