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Texas Mechanics Lien and Notice Requirements: A Primer

It’s no secret that the requirements for preliminary notices and mechanics liens, and their associated deadlines, can be confusing and complicated. While this is true for many states, especially if a potent lien claimant has projects in more than one state, it is uncontrovertibly true for projects in Texas. Texas has some of the most […]

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Lien Enforcement Deadline Infographic

All mechanics liens expire and are extinguished at some point, but when exactly is that date, and how is it calculated? The infographic below is a quick guide and provides some down-and-dirty info. Bear in mind, though, that lien enforcement deadlines are strict, strictly determined, and very, very important. While this infographic provides a brief […]

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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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LLCs and Liens on “Owner-Occupied” Residences

Preliminary notice requirements for mechanics liens vary from state to state and project-by-project. One particular type of project that can prompt extra, or at least differing, notice requirements in several states is a project on an owner-occupied residence. Many states have made a determination that homeowners deserve some higher standard of notice or protection regarding […]

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Pay If Paid Clauses: What Happens When They’re Disallowed, But Not Entirely?

We have seen in recent posts that pay if paid clauses are generally disfavored and subject to strict review by courts. While pay if paid clauses are still enforceable in many states, provided the correct specific language is used, the clear trend is toward treating these clauses with greater scrutiny, or even disallowing them altogether. […]

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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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Cellular Towers Can Present Unique Situations Regarding Mechanics Liens

Compliance with mechanics lien laws is tough enough when you only need to figure out the required deadlines and the information that needs to be included on the lien itself. It’s even more frustrating when it’s difficult to determine whether or not a lien right even exists, or, if it does, to what the lien […]

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Decorative Holiday Lighting and Mechanics Liens

We’re deep into Christmas season, and more and more houses are decked out with festive holiday lighting. Down here in New Orleans, I’ve noticed several signs posted at intersections advertising the services of companies (and individuals) who specialize in decorating houses or small commercial buildings and professionally hanging exterior decorative holiday lighting. Since, at this […]

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The Indispensable Guide to Mechanics Liens In Bankruptcy

It is an unfortunate reality that bankruptcy plays a disproportionately large role in the construction industry when compared to other large industries in the United States. It’s not uncommon for bankruptcy, or even a potential bankruptcy, to significantly impact multiple parties on a construction project. Any company that extends labor and/or materials to a financially […]

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Can A Lien Be Filed If Work Was Originally Done For Free?

An interesting question occurred to me while I was doing some “fix-it” work around the workplace the other day. And, being that a good portion of my brain-space is taken up by mechanics lien information, the question was: “Could I lien for this?” That’s a simple question, but the answer is complex. Despite the simple […]

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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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