Lien Law Alerts ArticlesRSS feed for this section

Mechanics lien and bond claim laws change constantly. New bills, laws and cases construe the mechanics lien laws on an almost daily basis. For years, we’ve made a commitment to providing our readers with free notifications of important changes in state and federal mechanics lien and bond claim laws, and these notifications are all organized under this “Lien Law Alerts” section. Rely on Zlien to continue monitoring legislation and case law across the country and report on any changes that could impact your company’s legal compliance with lien and bond claim laws.

Ohio Courts Enforce Late Claim As Waiver

Every state is has different laws pertaining to waiving rights and lien waivers. Twelve states require that a statutory form must be followed in order for lien rights to be waived. Other states prohibit the unconditional waiving of lien rights. States where contract law dictates lien waivers and other waivers, contractors…

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Engineers Not Provided Notice Exemption In Oregon

Notices are annoying. We all know it. Having to consistently keep up with deadlines and requirements. In some states, it is downright exhausting, but there is a reward for your efforts. That reward is a perfected mechanics lien and full lien rights. On the other hand, if these notice deadlines…

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To Arbitrate Or Not To Arbitrate: Who Decides?

Arbitration is usually recommended as a less expensive and quicker way to resolve disputes. Ironically, arbitration can become a rather complicated matter in the construction world. These complications can arise from a multitude of issues, but one issue that recently resurfaced was the question of who decides whether it is…

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Illinois Mechanics Lien Avoids Harsh Result

In order to qualify for a mechanics lien, a construction party must furnish labor and/or materials in the improvement of property. One issue many parties face is the varying definitions from state to state of what an “improvement” is or what an “association with an improvement” means. Sometimes parties such…

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Design Professionals Can Be Sued For Contract Interference

Design professionals (particularly architects) are given a lot of responsibility on work projects. Sometimes, design professionals’ control over work projects can even supersede that of the property owner. This extra responsibility means that design professionals are open up to more liability and sometimes owe a duty to more than just…

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Fifth Circuit Upholds Payment Bond Rights

Payment bond rights under your state’s Little Miller Act statute are not easily avoided. Little Miller Act statutes allow subcontractors and lower-tiered parties to make claims against the payment bond that every general contractor must post for public projects. This process guarantees a certain level of protection for subs while…

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Miller Act Rights Not Easily Waived

The U.S. Miller Act  gives subcontractors, suppliers, and laborers a bond claim on federal projects. The Act requires that a payment bond be posted by the prime contractor for every federal project. Think of the bond as a pile of money. When a contractor or subcontractor goes unpaid, they have…

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Tennessee Amendment Changes Payment Bond Details

Payment bonds are meant to be for the benefit of subcontractors and suppliers, generally speaking. Bonds are piles of money put up by the general contractor or owner of a property. Subcontractors and suppliers may submit claims against the pile of money for lack of payment. This process avoids hold…

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Mechanics Lien Affords You Due Process Protection

 

The most powerful legal tool a construction party has is a mechanics lien. Filing a mechanics lien gives you a legal interest in the property you have contributed work to, which allows you to foreclose on the property. Because you have a property interest, you are afforded due process protection….

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