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Mississippi Stop Notice Statute Unconstitutional? Changes May be Coming.

The laws, rules, and regulations surrounding mechanics liens and notices are constantly fluctuating. More often than not, these changes are more modest in nature rather than broad and sweeping changes to the law. While significant in effect, something like a new requirement that a notice be sent to the general contractor and property owner rather […]

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Arizona Mechanics Lien Law: Send Your Arizona Notices On Every Job

Arizona, much like other states around the country, requires preliminary notices to be sent in order to secure lien rights. Helpfully, although the Arizona mechanic’s lien statute is long and complex just like any other state, good information is provided regarding the notice form. This post is designed to give you a quick overview of […]

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Stop Notice: What Is It?

Much of the space on the Lien Blog is, appropriately, dedicated to posts concerning various aspects of mechanics liens, and to a slightly lesser extent, bond claims. Mechanics liens (on private projects), and bond claims (on public projects) are far and away the most commonly used and widespread avenues for securing extensions of credit in […]

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Subcontractors Have Multiple Potential Options in North Carolina

In most states, there are few options for a party unpaid on a construction project.  Simplified, that party can generally 1) file a mechanic’s lien, or 2) sue the non-paying party for breach of contract.  That’s pretty much it.  Obviously that is not the case in all situations, in some states for example, another possibility […]

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Free Arizona Mechanics Lien, Stop Notice and Preliminary Notice Forms

Here are a few Arizona forms helpful to anyone furnishing materials, equipment labor or services to construction projects in that state, as well as a description of each. All forms are provided subject to Zlien’s terms of use.  These forms relate only to private projects in the state of Arizona. Free Arizona Mechanics Lien Forms […]

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Shocker: Mississippi Stop Notice Statute Declared Unconstitutional

The headline here might be a little bit premature for two reasons: (1) The subject decision has been appealed; and (2) The decision is in federal court, and thus, is not binding to state courts in Mississippi.  Nevertheless, the shot has been fired, and there is now standing case law in Mississippi declaring its stop payment […]

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Beware of Bad Mechanics Lien Information Online

In my most recent blog post, “Are Checks with ‘Payment In Full’ in Memo Field Legally Binding?,” I made mention of some bad advice I found through a Google search of this topic. One particular website had comments from 7 or 8 different people, all dispelling completely wrong information. Incorrect information plagues the Internet, and […]

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A Guide To California Payment Bond Claims and Stop Notices

The Construction Lien Blog welcomes Seth Smiley, who contributes this guest post about payment bond claims in Louisiana. Seth is a partner at Wolfe Law Group, and a contributor to that firm’s Construction Law Monitor blog. He frequently writes and litigates about construction law issues ranging from payment bond claims, workmanship disputes, construction delay matters […]

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The Differences Between A Stop Notice and a Mechanics Lien

Once you start investigating about mechanic lien laws, you may encounter the concept of a “Stop Notice,” and thereupon begin to wonder:  what in the world is this, and how is it different from a mechanic lien? Here are the top 4 differences between a stop notice and a mechanics lien. 1) Stop Notice Filing […]

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