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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.

Priority Revisited: Can a Mechanics Lien Relate Back?

Priority Revisited- Can a Mechanics Liens Relate Back?

When determining the amount of security and protection afforded by a mechanics lien, the priority of that lien compared to other encumbrances on the property is of clear importance. Accordingly, lien priority is topic of much discussion on the blog, and an area in which clear information can be exceedingly helpful. Since large problems with […]

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Surprise! You Have A Breach Of Contract Claim

Which States Have the Most Challenging Lien Law?

The basic concept of contract law is that if a party breaches a contract, the other parties to the agreement have a claim against the breaching party. This is called having privity. Recently though, courts have started to allow non-party claims against breaching parties. This has come to be known as the third-party beneficiary doctrine. […]

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Proper Preparation Can Save You From Contract Disputes

We talk a lot on this blog about protecting yourself from unwanted legal situations by understanding your contract and knowing and understanding the laws that govern that contract and the project you are working on. These points are reiterated time and time again because they are vital to business in the construction world. I would […]

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Court Determines What “Furnish” Means Under The Miller Act

Court Determines What “Furnish” Means Under The Miller Act

In the legal field, the meaning of a word in a statute can be very important. Certain interpretations can determine what situations the statute will apply to. In the construction industry, the interpretation of words like “improvement” and “furnishing” can determine whether a party is entitled to financial protection under the local Mechanics Lien Statute […]

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Resurrecting A Discharged Mechanics Lien May Be Fraudulent

Confusing Issues - Legal, Liens, Construction

In many states, filing a fraudulent mechanics lien can result in a hefty amount of damages coming your way. The reason many states allow such damages to be awarded is to deter and prevent parties from abusing the power a mechanics lien gives to construction parties. Possessing the ability to obtain an interest in a […]

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Miller Act Claims Are Not Easily Tossed Aside

Miller Act Claims Are Not Easily Tossed Aside

The Miller Act provides protection for contractors and suppliers on a federal construction project. The Act requires that the prime contractor on a federal project post a bond. This bond covers both first and second tier contractors and suppliers. Generally, if you are a third tier contractor or supplier, you have no rights under the […]

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New York Lenient On Notice Requirements

New York Lenient On Notice Requirements

Notice requirements can make or break a mechanics lien, depending on the jurisdiction your in. Content, timing, delivery. Each state has their own requirements for you to follow concerning different types of notices. Some states are very strict when determining whether a party complied with these requirements. Other states look for “substantial” compliance. New York […]

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Nevada Rules On Equal Priority Liens

When things go wrong on a work project and you need to file a mechanics lien, chances are you are not the only party filing a lien. In scenarios like this, lien priority becomes a very important issue. The point is to get paid. That means if you’re not high in priority, or even first […]

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Email Notice Of Bond Claim Takes One More Step

Construction Financial Manager Review

In Massachusetts, like almost every state, a bond claimant on a public works project must notify a general contractor by certified mail of the bond claim. This notice is mandated by the Massachusetts Little Miller Act. The statutory provision requires the notice be delivered by “mailing the same by registered or certified mail,” but like […]

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Indiana Supreme Court Awards Mechanics Lien Attorneys Fees

Strict Proof of Delivery May Be Required For Construction Notices

Attorneys fees are an important aspect of mechanics lien statutes. Many state lien statutes allow for the recovering of attorneys fees to prevent owners and general contractors from gaining all the leverage when a mechanics lien is filed and/or payment is withheld. If contractors were not able to recover for attorneys fees, then certain mechanics […]

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