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Project Identification: It Can Be Complicated, But It’s Important

We’ve written several times about the need to properly identify the type of project on which you are working, and that project identification can be more difficult than one would originally imagine. Whether the project on which you are working is a commercial project or a public project determines lien rights or bond claim rights, […]

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Mechanics Liens: Types of Construction Projects – What Are They And Why You Should Care

What type of construction project are you working on? This is an important question for your mechanics lien and bond claim rights. In fact, if you use Zlien to manage your lien and bond claim compliance, it’s an essential question that is asked of you every time you enter a new project.  What type of […]

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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 Lien Or Bond Rights When Working On University Construction Project

Last week I wrote an article about how the “Miller Act Applies When Doing Work In The Nation’s Attic,” referring of course to the Smithsonian Institute. The point behind the article was that while some construction projects are clearly state, federal or private, the waters are muddy in other instances. One such instance was with the construction […]

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Ohio Mechanics Lien Claimant Gets Paid After 12 Years of Waiting

After 12 long years of waiting – and I mean waiting – Akron Concrete Company of Ohio appears to be getting paid on a mechanics lien claim it was forced to file on a $124,000 debt, as the Ohio Appeals Court in Akron Concrete Company v. Board of Education for Medina School District affirmed a trial […]

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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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Preparing A Mechanics Lien Claims Against City Construction Projects in New Orleans

This afternoon I came across an article from one of my favorite publications, published in my hometown: New Orleans City Business. The article is titled “Community Projects Highlight City’s Construction List,” and it predicts that “the summer months in New Orleans will be marked with a spate of public construction projects.” Specifically, between May 29th […]

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Splitting Hairs Is Common In Mechanics Lien Cases

The law is ruthless. In a dispute, it rarely matters who is actually right and who is actually wrong. Every decision comes down to procedural nuances, and seemingly inconsequential matters. When I was in law school, a professor once said that a great lawyer is a student of procedure. It couldn’t be better said. This […]

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Why You Can’t File A Mechanics Lien On A State or County Project

In this State Bond Claim Series, we’ve talked about the lien-like remedy available to contractors and suppliers on federal, state or county projects. While many folks believe they can file a mechanics lien on a state or county project, they are incorrect.  The traditional mechanics lien remedy – where you file a privilege against an […]

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How Lien and Bond Claims Against State Projects Work

If you’re unpaid on a private (commercial, industrial, residential) construction project, you have the right to file a mechanics lien against the property itself to collect the debt. When working on property owned by the state, this exact remedy isn’t available, mostly because the state government isn’t going to allow anyone to foreclose on its […]

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