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Arizona Case Lifts Mechanics Liens Over Mortgages Claiming Rank with Equitable Subrogation Doctrine

The mechanics lien document is the most effective collections remedy there is for those in the construction industry, and we’ve explored why in countless previous articles, including the popular 17 Ways a Mechanics Lien Works To Get You Paid.  Only one of the many reasons why a mechanics lien works is that it can be foreclosed upon, […]

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Alabama Does Require Preliminary Notices — And Strict Compliance Required

The Alabama Court of Appeals addressed the state’s preliminary notice requirements in an October 2013 decision, Gunther v. Carpet Systems of Huntsville, Inc. The case isn’t significant for any change in the law, but it is noteworthy in that the appeals court discussed the state’s preliminary notice requirement at length.  The decision makes clear that […]

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Is A Monthly Notice Required For Louisiana Material Suppliers? Legal Controversy Brewing in Bayou State

Louisiana is generally a “non-notice state,” meaning that the traditional preliminary notice (i.e. must be sent within x days from start of a project) is not required of subcontractors and suppliers. Nevertheless, there are nuanced notice requirements buried throughout the states’ private and public lien statutes. One particular notice, which is sometimes required from material […]

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Mechanics Lien Rights And Unjust Enrichment Claims Cross Paths In Recent Washington Case

Construction projects notoriously involve multiple parties.  The lender is lending money to the property owner, who hires a general contractor, who hires subcontractors, who in-turn hire sub-subcontractors and suppliers. The contracting chain can go on-and-on for seemingly forever. While all parties to a project are interconnected by the project’s budget, schedule, payment processing procedure, and […]

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Big Lake Revisited: MN Supreme Court Keeps Determination of Lien Priority Messy

Back in May, I wrote about lien priority in Minnesota and the “relation back” doctrine, which holds that: All liens, as against the owner of the land, shall attach and take effect from the time the first item of material or labor is furnished upon the premises for the beginning of the improvement, and shall […]

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Oklahoma Mechanics Lien Law Changes Take Effect Today, November 1st

Oklahoma House Bill 1087 (OK-HB-1087 Full Text) becomes law today, November 1st, to explicitly allow lien claimants to include overhead and profits in their claim amount, and potentially other costs as well. We’ve followed the status of this bill from introduction to enrollment, and you can read those articles here: Oklahoma Mechanics Lien Law Protects […]

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Connecticut’s Home Improvement Act: Subcontractors Can Breathe Easy

When viewed in a vacuum, it seems odd that the lien rights of subcontractors and suppliers can be negatively impacted by the actions of third parties. It is easy to think that some rule of fair play is violated when actions out of the sub’s control extinguish otherwise valid lien rights. For example, whether or […]

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Mississippi Stop Notice Statute Unconstitutional? Changes May be Coming.

The laws, rules, and regulations surrounding mechanics liens and notices are constantly fluctuating. More often than not, these changes are more modest in nature rather than broad and sweeping changes to the law. While significant in effect, something like a new requirement that a notice be sent to the general contractor and property owner rather […]

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When Mechanics Lien Laws Change Which Apply?

One thing that we mention frequently on this blog is that mechanics lien laws are seemingly in constant motion. Legislatures determine that there needs to be more protection for the property owner, or more protection for the contractor, and all of a sudden the deadlines to file, or the required notices have changed. These changes […]

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Illinois Lien Law Alert: Is Work that Benefits a Lien Claimant Lien-able?

There has been a relatively strong run, recently, of courts reaching what I think are the correct results in mechanics lien cases. In that vein, a very recent decision in Illinois provides some guidance on when a lien claimant may, and may not, file a valid lien if the lien claimant will receive some benefit […]

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Indiana Weighs In On Mechanics Lien Claimants Who Identify Themselves Incorrectly

What’s in a name?  In the mechanics lien world any tiny mistake can invalidate an entire claim, and surprisingly over the past year, claimants have been misidentifying themselves quite a bit across America. If a claimant incorrectly identifies themselves in a lien claim or a notice is that cause to invalidate it?  How big of […]

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