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Risky Business: How a Mechanics Lien Can Help

Financial risk is defined as the risk of losing money. It has long correlated with a rebounding economy and that is especially true in the construction industry. In a report by ENR, the “Construction March Jobless Rate Falls as Industry Adds 19,000 Jobs” stating that the jobless rate has gone down by 3.4% in the […]

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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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The Green Energy Industry and Mechanics Lien and Bond Claim Rights

Mechanics Lien Rights May Be Limited On Solar Projects The portion of the construction industry centered around green energy installations such as solar arrays or wind farms is rapidly expanding. Despite the rapid growth of this segment of the industry, the protection afforded by mechanics liens and bond claims has not necessarily kept pace. The […]

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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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Excellence in Mechanics Lien Education

Mechanics lien, bond claim, and credit management education is The Lien & Credit Journal’s specialty and it has recently been recognized with a nomination for 2014 Best Construction Blog. Leading contributors Scott Wolfe and Nate Budde (with guest appearances by zlien team members and industry leaders), are both licensed attorneys that have devoted countless hours […]

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Justin Bieber Legal Troubles Compounded by Mechanics Lien? You’d Better “Belieb” It

While The Lien and Credit Journal routinely provides “breaking news” alerts in the fields of mechanics lien law and credit management, it is a rare occurrence when those arenas intersect with popular culture and celebrity newsmakers. However, such a situation is currently unfolding, as the filing of a mechanics lien against his property has potentially […]

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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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Pay If Paid: Shifting the Financial Burden “Down the Chain”

Pay when paid, and pay if paid clauses are pretty common, but can be misunderstood – both in operation and purpose. Below, I’ll attempt to provide some answers and clarifications to common questions and misconceptions about these contract provisions. First, however, before pay when paid and pay if paid clauses are discussed specifically, the background of […]

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Full Price Lien or Unpaid Balance – This Infographic Can Help

The amount secured by a mechanics lien depends on the laws of the state in which it was filed. There are two basic options: The lien secures the totality of the work performed by the lien claimant (full price lien) The lien is limited to the amount remaining unpaid on the original contract between the […]

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