FAQs ArticlesRSS feed for this section

questions-liens

The Project Completion Date: When It Matters And How You’ll Know

It’s very common that we get questions about project completion dates and its effect on a party’s mechanics lien or bond claim rights. This is an important and tricky topic, and unfortunately, there aren’t very many answers. In fact, I spent 6 months last year digging into California county records to locate a solution to […]

Read full story Comments { 2 }

Arizona Mechanics Lien Law: Preliminary Notices -The Basics

Those who provide labor and/or materials on a private construction projects in Arizona are required to send a preliminary notice at the beginning of their participation in the project. Failure to provide this preliminary notice may result in the loss of their right to later file a mechanics lien if they remain unpaid. Who Should […]

Read full story Comments { 1 }

Stop Notice: What Is It?

Much of the space on the Lien Blog is, appropriately, dedicated to posts concerning various aspects of mechanics liens, and to a slightly lesser extent, bond claims. Mechanics liens (on private projects), and bond claims (on public projects) are far and away the most commonly used and widespread avenues for securing extensions of credit in […]

Read full story Comments { 0 }

Estimating contract amount

California Preliminary Notice: Should I Add 20% To The Estimated Contract Value?

Short Answer:  No. Long Answer:  This is a question we get a lot related to the California and Arizona preliminary notice requirements. Unfortunately, however, it’s all related to a misunderstanding of the “20% Rule.”  The first misunderstanding is that the rule applies to California and Arizona (it only applies in Arizona). The second misunderstanding is […]

Read full story Comments { 0 }

Mechanics Liens: How To Classify Charter Schools

Projects on school property are nearly a constant in the construction industry. Schools seem to always be updating, building, or refurbishing. As Jason recently described, projects on schools can be either public or private depending on the nature of the school itself. Generally, the determination is simple: If it’s a public school, it’s a public […]

Read full story Comments { 0 }

Looking for Legal Advice In Order To Get Paid?

Have you been in the position of not getting paid?  If so, you might have looked deeper into mechanics liens and realized all the complex ins-and-outs of lien filing.  Not only do liens create leverage on the job but a lien must also meet many requirements in order to be deemed “valid.”  The validity is […]

Read full story Comments { 0 }

Preliminary Notices: Should I Wait To Send My Preliminary Notice?

Earlier this week, a subcontractor in Arizona posted a question on Avvo.com about whether he should or should not wait to send a 20 day preliminary notice. The resounding answer from me and other Arizona attorneys was “No, never wait.”  Why did we respond in this way?  Is it the right response?  Is there ever […]

Read full story Comments { 1 }

Mechanics Liens: Mechanics Lien Against Habitat For Humanity And Non-Profit Projects?

Last week, someone in Oregon posted a question on Avvo.com inquiring whether a mechanics lien can be filed against a non-profit project – specifically a Habitat for Humanity project. This is a frequently asked question because the non-profit nature of these projects can create confusion.  What type of project is it?  Can you lien an […]

Read full story Comments { 0 }
unjust-enrichment-or-mechanics-lien

What If Your Mechanics Lien Is Filed After The Owner Sells The Property?

Earlier this week someone asked a question on Avvo.com about whether a mechanics lien would be effective if filed after ab original owner sold the property. This is a great question that comes up pretty infrequently, but depending on the applicable state law, may be a great illustration of how effective and dangerous mechanics lien […]

Read full story Comments { 2 }

Condominium Mechanics Lien in Florida

Mechanics Liens: Liens on Condominiums – An Overview

Mechanics liens on condominiums can be tricky. In fact, this blog has addressed the complexities of condominium projects several times; here, here, and here for example. The reason that condo projects are sometimes more difficult, in terms of properly preserving mechanic’s lien rights and perfecting liens, than other types of projects is generally because the factors […]

Read full story Comments { 0 }
North Carolina Mechanics Lien Law

Mechanics Liens: When Is It The Right Time To File?

Filing a mechanics lien is something your company may consider when a customer account goes into default, but you’ll likely be juggling promises to pay, customer relationships and other complexities when making a decision about whether and when to file. This post talks through some of these issues to determine when the time is right […]

Read full story Comments { 0 }