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lien law change mississippi

Mississippi Lien Law Changes Signed Into Law

The Lien and Credit Journal has been keeping a close eye on the tumultuous state of mechanics lien law in Mississippi for the past 6 months. It seemed like change was on the horizon when the United States Court of Appeals for the Fifth Circuit deemed Mississippi’s Stop Notice law facially unconstitutional as it deprived general contractors […]

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Complex Recent New Jersey Case Limits Lien Rights

Nearly two years ago, The Lien and Credit Journal asked the question: “Does the Green Building Industry Have Fewer Mechanics Lien Rights?” This is a complex question, and one with no set answer. In the case examined in the linked article, the question was whether or not a solar panel installation constituted a “permanent improvement” […]

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Arkansas Mechanics Liens Require “Enforceable” Contract

The requirements that must be met prior to filing a valid mechanics liens can be complex. These requirements range from sending the appropriate preliminary notices, to filing the lien within a specific time period, to serving the lien on the necessary parties by the mandated method. All of this presupposes, however, that the mechanics lien […]

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New Mississippi Lien Rights To Be Patterned On Georgia Law?

Late last year, The Lien and Credit Journal noted that sweeping change may have been headed for Mississippi’s Stop Notice Law, and it looks like that change may have started to occur. Current State of Mississippi Lien or Stop Notice Protection In Mississippi, only an original contractor (a party who contracted directly with the property […]

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North Carolina Potentially Extending Lien Rights for Tenant Improvements

Generally, mechanics liens provide strong protection to parties in the construction industry because they encumber the actual property being improved by the lien claimant’s furnishing of labor and/or material. The security and leverage provided by the ability to enforce a claim for payment by foreclosing on the property itself is really what gives the mechanics […]

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Florida Mechanics Lien: Amendment May Require More Documents to File

I recently posted an article about potential changes to Florida mechanics lien law currently being considered by the Florida Senate. In Senate Bill 460, Florida State Senator Simpson is advocating for some curious changes to the lien law scheme. As well as mandating that filing a lien after the 90-day period outlined by statute constitutes […]

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Potential New Florida Legislation Could Significantly Penalize Some Lien Claimants

Missing deadlines is never a good idea, and this is especially true as related to filing mechanics liens. Every state has a deadline by which a mechanics lien must be filed, and if the deadline passes, the claimant’s right to file a valid mechanics lien is generally extinguished. While it is occasionally true that the […]

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Mechanics lien claimant or lender? Who should have priority?

Georgia Mechanics Lien Law Change Proposed To Boost Priority of Lien Claims

Georgia State Senator Lindsey Tippins has proposed Senate Bill 269 in Georgia to amend the “priorities between liens of mechanics/materialmen.” The proposed amendment is short and easy to understand, essentially resolving the priority battle between lenders and lien claimants by giving priority over the land’s value to lenders and priority on the improvement’s value to contractors, […]

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Washington mechanics lien treatise is good

Review of New Washington Lien Law Treatise: A Great In Depth Resource For Attorneys Or Anyone Who Wants To Know Too Much About Lien Laws

Early this week, Stoel Rives, LLP (@stoelrives), the publisher of the construction law blog Ahead of Schedule, announced the publication of a “Washington state lien law treatise.” I’ve downloaded and read this treatise, and as further explored in this post, highly recommend it as a comprehensive reference book for Washington attorneys, or anyone (please, let […]

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Utah mechanics lien law revisions is useless

Stiff Penalties and Required Arbitration Proposed in 2014 Utah Mechanics Lien Bill

The 2014 General Session in  Utah includes a bill proposing “Mechanics Lien Revisions,” in House Bill 56.  This bill was introduced by Rep. Mike McKell, and it purports to amend the lien law related to “unauthorized and excessive claims of preconstruction and construction liens.”  The general description undersells its full effect, as we’ll explore in […]

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construction-finance-risk-in-2014

Financial Risk, Credit Management, And Lien Law in 2013: The Year In Review

In the world of news and content, it has become a late-December tradition to publish articles reviewing trends and news from the past year. We follow that great tradition here, reviewing the construction industry’s overall performance in 2013, trends that surfaced regarding financial risk shifting and lien law, and what the finance and credit professional […]

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