Parties in the construction industry who are unpaid after furnishing labor and/or materials to a project are generally able to secure payment through the use of a mechanics lien. There are many reasons why mechanics liens are the most…Read More
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What’s in a name? …Read More
Last week, the Supreme Court of New York (New York County) invalidated a mechanics lien in an unpublished decision because the document just barely misidentified the claimant. It is a risk we warned about and called potentially “harsh” last year when writing about…Read More
A little while ago, I posted a short article discussing the requirement of identifying the property on which a mechanic’s lien is claimed. How detailed that description must be varies from state to state, and…Read More
In New York, as is the case in almost every state, the party filing a mechanics lien must do so truthfully. The mechanics lien statement must always be signed, and oftentimes must be notarized and verified, indicating…Read More
Who are you? Seems like a simple enough question.
You’d be surprised how often mechanics lien claimants wrongly identify themselves in a mechanics lien, and you may even be surprised how often this makes a difference. The issue was addressed…Read More
Mechanics lien statutes are complex and technical, and they get mixed treatment by courts across the country with some courts very strictly construing and others very liberally construing the statutory requirements. It’s because of these varied restrictions that filing a…Read More
Granted, mechanics lien laws are complex. It’s still surprising to me how many folks out there think they know everything about the lien laws when they in fact know little to nothing at all.
This is a huge problem in…Read More
Little in the law is as misunderstood as the mechanics lien instrument. We’ve dedicated some entire sections of this blog to trying to lift this fog, such sections being devoted to analyzing Common Mistakes and Lien Errors….Read More