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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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Mechanics Liens: Are Responses from the Property Owner Something to be Scared Of?

It sometimes seems like I’m constantly writing about how the ability to file mechanics liens provides a great foundation on which companies in the construction industry can start to build a solid credit policy. The knowledge that all extensions of credit are secured by an interest in actual real estate allows companies to make good […]

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Condominium Liens: Projects on Apartments and Condominiums – Commercial or Residential?

We’ve mentioned several times that, in order to have a valid mechanic’s lien, it is generally imperative the lien claimant not miss his notice deadlines.  Calculating the deadlines can sometimes be confusing, and even if it is entirely clear what type of project gave rise to the lien claim, and what role the lien claimant […]

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North Carolina Mechanics Lien Invalidated Because Court Confused About Term “Owner”

Hat tip to Matt Bouchard (@MattBouchardEsq) of the NC Construction Law, Policy & News Blog for bringing our attention to this important appeals decision from the North Carolina Court of Appeals.  His blog post on the case, which offers a great analysis of the facts and law, can be found here:  Court of Appeals: Contractors’ […]

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New York’s Mechanics Lien Deadline: 4 Months or 8 Months?

New York mechanics lien law is really, really straight forward – except for one nuance: When the mechanics lien must be filed. The primary reason why the law is so straight-forward is that there aren’t any notice requirements. Project participants are not required to deliver preliminary notice before the project begins and they’re not required […]

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Yes, Property Owners Can Be Forced To Pay For Construction Work Twice

Over the past few years, I’ve participated in an online community of attorneys at Avvo.com. It’s a community I highly recommend to other attorneys and to the public, as anyone can use the site to get free legal advice about anything. As a matter of fact, we’ve integrated Avvo directly into our industry-leading LienPilot application […]

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Who Gets Preliminary Notice When Working on A Condominium Complex in Washington?

Over the weekend, a reader sent in an interesting question about Washington’s preliminary notice requirements. The question relates to construction work and materials furnished to a condominium complex, specifically inquiring as to who must receive the preliminary notice on such projects? Condominium construction projects presents complex legal issues in the mechanics lien context because property […]

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3 Important Nuances Within South Dakota Mechanics Lien Law

As far as mechanics lien law is concerned, South Dakota has a pretty straight forward statute. Earlier today, we published a guide to these laws, highlighting that mechanics liens are always due 120 days from last furnishing labor or materials, and that if a preliminary notice is required (only if a Notice of Commencement is […]

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New York Bill Proposes Additional Protection to Homeowners Against Mechanic Liens

New York Assembly Bill 105 proposes to change the state’s mechanics lien laws to provide more protections to homeowners against mechanic lien filings, and therefore, further water down the contractor and suppliers rights to file a mechanics lien against an owner-occupied residential project. Under pressure from homeowners who get tagged with a mechanics lien (after […]

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Illinois Makes One Small Change to Lien Statute that Affects General Contractors

Effective on the first of this year (Jan 1 2010), reports are abound that the Illinois Mechanics Lien Act contains an amendment that changes the notice requirements for contractors on owner-occupied single family residences. Section 7 of the Illinois Mechanics Lien Act has been amended to include the following language: (d) A contractor for improvements […]

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Real Estate Agent Claims: Mechanic’s Liens Can Mess Up A Real Estate Closing

A Real Estate Company in Texas claims that Mechanic’s Liens Can Really Mess Up A Real Estate Closing. We exam why, and explain that a construction lien can be a powerful collection tool for contractors.

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