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Lien Enforcement Deadline Infographic

All mechanics liens expire and are extinguished at some point, but when exactly is that date, and how is it calculated? The infographic below is a quick guide and provides some down-and-dirty info. Bear in mind, though, that lien enforcement deadlines are strict, strictly determined, and very, very important. While this infographic provides a brief […]

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Lien Law Alert: Who to Include in VA Mechanics Lien Enforcement Action

To begin this post, and, really, to make sure everybody is on the same page for all of the articles/posts on The Lien and Credit Journal, we need to have a quick vocabulary discussion. Mechanics lien law, and the specific language associated with it, can be daunting, even for people well-versed in the credit and/or […]

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Construction Liens: Are There Any Downsides? What Do You Think?

Earlier this month attorney Bill Fig published an article in the Oregon Daily Journal of Commerce titled “The downside of construction liens.”  In it, he argued that industry participants “do not fully understand the ‘foreclosure piece’ of the lien process” and “rely too heavily on the payment protection they perceive a lien provides.” Bill Fig, […]

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Lien Law Alert: New Mechanics Lien Foreclosure Period Takes Effect In Louisiana

At the end of last year we wrote about a new law passed in Louisiana affecting the state’s Private Works Act.  That law was scheduled to take effect on August 1, 2013, which means that the law goes into effect today. There is little guidance in the Act’s text about whether the law is retroactive […]

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Payment Bonds: Connecticut Court Rules on Deadline to Foreclose Case

If you’ve ever looked at Zlien’s state-by-state resource page, you’ll see that each state has deadlines that must be complied with.  One deadline common to every state is the time in which a party must sue to foreclose on a mechanic’s lien.  Connecticut is fairly generous in this regard; a party has up to one year […]

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Virginia Mechanics Liens: New Case Provides Answers and Questions

Complying with timing requirements is crucial to mechanics lien claims, but, as we’ve mentioned before, calculating these deadlines can sometimes be difficult. This is especially true in states with more than one date that must be calculated, and when there are different methods to calculating those dates. Even when the deadlines have been successfully navigated, […]

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Idaho Mechanics Lien Law: Court Rules on What Party Must Be Named

One of the most basic features of a mechanics lien is that it enables unpaid contractors and subcontractors to get the money they are owed for furnishing labor and/or materials to a construction project.  But what happens if the property owner for whom the subcontractor furnished labor or materials sells that property to a different […]

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California Mechanics Lien: 4 Gray Areas In The Lien Law

Do you have mechanics lien rights?  This is a very complex question in any state as all lien legislation is riddled with gray areas and legal rule exceptions. The California legislature just finished two years of amendments to the state’s mechanics lien laws in an effort to stamp out confusion, yet there are still ambiguities […]

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Lien Law Alert: Louisiana Lien Foreclosure Deadline Law Change Effective August 2013

A complex feature of Louisiana’s mechanics lien law has been changed in the state’s most recent legislative session, setting forth a mechanics lien foreclosure deadline that is easier to calculate. The law takes effect on August 1, 2013, and can be read in its full text here:  Louisiana 2012 Act 394. Under existing law, mechanics […]

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Lien Law Alert: Utah Mechanics Lien Foreclosure Requires A Notice of Lis Pendens

The Supreme Court of Utah cleared up a tiny uncertainty about Utah’s mechanics lien law when it invalidated a lien claim since a Notice of Lis Pendens was not filed within 180 days from the mechanics lien filing. Although the lien claimants argued that the defendants had “notice” of the foreclosure action, and therefore, were […]

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Mechanics Liens: Can You File A Mechanics Lien Foreclosure Lawsuit Without An Attorney?

If unpaid on a construction project filing a mechanics lien is a best-practice, as mechanic liens are usually successful at getting construction debts paid. In fact, based on a survey we conducted last year, over 64% of mechanic liens are paid within just 90 days of filing without any further legal or collection action whatsoever. […]

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