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.

Double Damages For Bad Faith Discharge Claims

Most mechanics lien claims get paid before a foreclosure action is ever required

When a mechanics lien is filed and the lien claimant moves to enforce that lien in court, the owner or other parties of interest have the opportunity to discharge this lien by depositing a certain amount with the court. The amount that must be paid into court to discharge the lien is equal to the […]

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Clarification Of California’s 90 Day Claim Rule

Meeting deadlines can make or break a contractor when dealing with mechanics liens. Every state has different deadlines that must be met when it comes to notices and filings, but the language of that state’s mechanics lien statute greatly dictates when the countdown to many of these deadlines start. In California, a contractor must record […]

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Mechanics Lien On Meadowlands Cannot Be Discharged

lien law change mississippi

  Mechanics liens are rather simple. Generally, if you contribute to the improvement of property, you are entitled to a mechanics lien on the property. The lien gives you an ownership interest in the property. Some states will include exceptions to this general rule. For example, in New Jersey, construction liens cannot be asserted against […]

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California Prompt Payment Split Continues

Collecting and keeping the relationship

In April 2015, we wrote an article about the split in California concerning what constitutes a “good faith dispute” when dealing with retention and prompt payment. Since then, the split has continued with the most recent decision being handed down in December 2015. Prompt Payment in California In California, a direct contractor must pay a […]

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City Sues Subconsultant Without Privity of Contract

Privity of contract is a simple concept. One must possess privity in order to sue another party for contract-related damages… usually. The basic concept of privity essentially means that if you are not a party to the contract, then you cannot receive rights and remedies afforded under that contract. The idea makes sense if you […]

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Contractor Held Liable Despite Following Instructions

Home Construction Is Growing - Send Your Notices

“They told me to do it.” “It’s not my fault.” Things we have all said at least once in our lives. Unfortunately, statements like this carry little-to-no weight in a court of law. As a contractor or construction party, you are held to a certain standard in the eyes of the law. This is especially […]

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Contract Contained Irrevocable Waiver To Claims

Every state is has different laws pertaining to waiving rights, claims, and lien waivers. For example, 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. Contract law, for the most part, 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 and requirements are ignored or […]

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To Arbitrate Or Not To Arbitrate: Who Decides?

Confusing Lien Decisions

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 correct or not to arbitrate: […]

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Illinois Mechanics Lien Avoids Harsh Result

Illinois Mechanics Lien

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 as engineers and other design […]

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