Mechanics liens provide good protection against the risk of non-payment on construction projects. One of the reasons why is that mechanics liens encumber the improved property itself, and generally, have priority over other subsequent encumbrances on the property. This…Read More
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What happens after you file a lien? We hope you get paid, and that’s generally the case, but it doesn’t always happen. In the few cases when filing a lien does not result in payment, the next step to recover the money owed is generally filing a law suit to enforce your…Read More
Mechanics liens are powerful instruments to induce payment on construction projects. There are many reasons this is so, but perhaps the most attention grabbing (at least for the owner of the improved property) is that the property may be sold…Read More
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…Read More
The enforcement of a mechanics lien requires filing an enforcement action (foreclosure) in court. In a successful lien enforcement action, the property will be sold, and the proceeds of the sale will be used to pay the creditors.
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…Read More
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.
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…Read More
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…Read More
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…Read More