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Louisiana Bond Claims: Does the Surety Need to Know?

Bond claims, like mechanics liens, have specific rules that must be followed in order for the claim to be valid. Also like mechanics liens, the rules that govern bond claims very from state to state. Since state bond claim laws are similar to, and often at least partially based on, the Miller Act (which governs […]

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Payment Bond: South Carolina Supreme Courts Rules on New Case

The Lien Blog is not just focused on mechanics liens; another topic we routinely cover is payment bonds. As we’ve discussed in many other posts, general contractors on public works projects are generally required to secure a bond on the project to ensure payment of subs – and not at the expense of public entity double payment. These bonds […]

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Mechanics Liens: Researching Church Construction Projects

Determining whether a construction project is a privately owned project or a public project is essential to preserving your  mechanics lien or bond claim rights. Private construction projects and public construction have different documents that need to be filed if you are unpaid. Private projects require the mechanics lien to be filed, while public projects […]

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Mechanics Liens: How To Classify Charter Schools

Projects on school property are nearly a constant in the construction industry. Schools seem to always be updating, building, or refurbishing. As Jason recently described, projects on schools can be either public or private depending on the nature of the school itself. Generally, the determination is simple: If it’s a public school, it’s a public […]

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Mechanics Liens: The Basics of School Construction Projects

New construction of schools, and construction to maintain existing schools, appear to always be happening. Before working on a school construction project, its best to know the basics about it, such as whether it is a public or private school and who is the owner of either the land or the project. The Importance of […]

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Lien and Notice Research: Road Construction Projects

When performing work on a public road construction project and you want to send a preliminary notice to the “owner” of the project, who should receive this notice? The answer to this question is the public entity that is issuing the road construction work. For subcontractors or suppliers on a road project, it can sometimes […]

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superbowl-blackout

Fix The Lights To The Superdome And File A Mechanics Lien – Here Is How

Did you hear about the #Blackout?  Yes, our dear city subjected themselves to a national embarrassment when the lights shut off in the Superdome. One of the biggest stories that came out of the spectacle was the increased activity on Twitter. We couldn’t help ourselves: https://twitter.com/scottwolfejr/status/298248104707239937 While mostly a joke, it does lead me to one of my favorite […]

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Bond Claims: Is There a Benefit to Sending A Bond Claim When There is No Requirement to Send a Claim Prior to Initiating Suit?

Bond claims, like mechanic’s liens, have requirements that vary from state to state.  Whether or not preliminary notice is required, who must receive preliminary notice or the claim itself, and even if a formal claim is required prior to initiating a lawsuit to recover can all change depending on the state in which the project […]

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Mechanics Liens: Claims On Aircraft Hangers?

Can you file a mechanics lien for furnishing labor or materials to an airport hanger?  And if so, who exactly owns the property? I was inspired to write this post because of a twitter user who recently followed me. @specdor is a company that specializes in aircraft hanger doors. After looking at their twitter profile […]

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Miller Act May Apply to Federal Property Leased To Private Parties

The concept of government property leased to a private entity has gotten a lot of press lately, and a lot of discussion on this blog. One may think the situation only rarely arises when a lien claim is sought against a project that is privately commissioned, but is performed on public land leased to a […]

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No Mechanics Lien Rights When Working on Private Improvement on Public Property in New York

It may seem like rare circumstances, but construction improvements for private enterprises upon public property is more common that you think. States, counties and cities frequently lease out public land to private companies to do a variety of things (airports, for example, lease to airlines and vendors).  These private tenants hire companies to make tenant […]

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