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Miller Act and Attorney Fees: Recent Georgia Case Provides Insight

By on April 24, 2013

The issue of whether or not attorney fees can be recovered under the Miller Act is a topic routinely discussed by courts, and by us on the Lien blog, because the law on this issue is complex, confusing, and unclear. One of the trickier aspects of determining whether, or under what provision, attorneys fees may be recovered [...]

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Arizona Mechanics Lien Law: Court Rules on Attorney Fees Issue

By on April 11, 2013

Zlien has wonderful resources on our website discussing Arizona mechanics lien law.  Our researchers even addressed the specific topic of whether lien claimants can include attorney fees in the lien total.  Although claimants cannot do so, it is noted that Arizona courts often award attorney fees to the prevailing party in a mechanics lien lawsuit. [...]

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Arizona Mechanics Liens: Appeals Court Rules on Attorney Fees Related to Lien Priority

By on April 11, 2013

In Arizona, the prevailing party in a mechanics lien lawsuit is entitled to have their reasonable attorney’s fees paid by the losing party. But, if multiple liens are filed against a property but only one is determined to have priority, how should that lien claimant’s attorney fees be divided up amongst the losing parties? A [...]

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Can You File A Mechanics Lien Foreclosure Lawsuit Without An Attorney?

By on November 12, 2012

If unpaid on a construction project filing a mechanics lien is a best-practice, as mechanic liens are usually successful at getting construction debts paid. In fact, based on a survey we conducted last year, over 64% of mechanic liens are paid within just 90 days of filing without any further legal or collection action whatsoever. [...]

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Florida Mechanics Lien Cases Awards Attorney Fees To Prevailing Party Only Sometimes

By on October 17, 2012

Hat tip to Lee Weintraub of the Florida Construction Law Authority for bringing my attention to a controversy brewing in Florida’s mechanics lien law concerning the award of attorney fees in a lien foreclosure action. According to Mr. Weintraub’s post, We Need A Fix To The Lien Law’s Broken Attorney Fees Statute, a problem with the [...]

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Attorney Fees Are Sometimes Recoverable In Miller Act Claims

By on October 1, 2012

In the mechanics lien world, whether you can recover attorney fees as part of your claim is dictated by state statute. The statute either says you can or can’t. Determining if attorney fees are recoverable as part of a US Miller Act Claim  is a bit more complex, but the general answer is that the fees are [...]

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FAQ: Can Lost Profits Be Claimed in A Mechanics Lien?

By on January 6, 2012

Short Answer:  No Long Answer:  First, the usual disclaimer is required to answer this question in a general sense, which is that every state’s laws is different and it’s important to consult the law in your particular state.  However, there are very few states (if any) that allow lost profit claims within mechanic liens.  Here’s [...]

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Washington Supreme Court Adds Equity Exception to Attorney Fees Rule on Mechanic Lien Challenges

By on September 21, 2011

In my post from earlier this week, I suggested that the Washington Supreme Court’s Williams v. Athletics’ Field decision was a big deal with a number of consequences to mechanic lien laws in that state. We talked about the liberal v. strict construction of mechanic lien statutes in that article, but now I want to talk [...]

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Common Contract Provisions to Avoid and Prepare for Collections

By on April 20, 2010

Preparing and signing a comprehensive construction contract is your construction company’s best way to take a proactive approach to collections. A good contract can help your company avoid collection scenarios by: Clarifying the scope of work and its costs, to avoid disputes; Stipulating that one party can recover attorneys fees from the other in the [...]

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