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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The Vast Differences Between Washington and Oregon Bond Claims
Oregon and Washington share a border, and as an attorney practicing in both states, I can attest that they share a lot of business as well. It’s quite common for contractors and suppliers to work across those state lines, with Washington folks frequently furnishing to areas like Portland, Oregon, and Oregon folks frequently furnishing to [...]
Duh! Stupid Argument Rejected by Minnesota Preserving 120 Day Claim Period Against Payment Bonds
Hat tip to Greta McMorris (@SuretyLaw) for tweeting about a case decided by the Minnesota Court of Appeals last week that focused on the timeliness of a payment bond claim on state projects in the state. The case is API Electric Company v. North America Speciality Insurance Company. I think it’s an important case, but [...]
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 [...]
Louisiana Mechanic Liens Do Not Require Notarization
Every state’s mechanics lien form and filing requirements are different, and one simple requirement you want to be clear about whenever filing a lien is whether the lien statement must be notarized, or not. The saga of whether the Louisiana mechanics lien must be notarized is a rather interesting one. Private Louisiana Mechanics Liens Do [...]
Oklahoma’s Little Miller Act Now Applies To Private Construction on Public Land
Today, the Oklahoma governor signed Senate Bill 1053 (SB 1053) into law, which enacts a tiny change to Oklahoma’s Little Miller Act that can make a significant difference to the state’s bond claim laws. The change effectively makes the state’s Little Miller Act (governing bond claims against state projects) applicable to private construction projects whenever they [...]
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 [...]
Warning: More Virginia Transportation Projects May Be Without Payment Bonds
When performing work on a state construction project anywhere in the nation, those furnishing labor or materials to the project typically have bond claim rights in lieu of mechanics lien rights. These claims are secured pursuant to “Little Miller Act” statutes present in each state. Whenever a contractor or supplier goes unpaid on a state construction project, [...]
Roundup of State Bond Claim Series Blog Posts
This February, we focused a lot of attention on state bond claims, authoring a series of blog posts that discussed state bond claim issues that ranged from basic to technical. Through the years of consulting with companies about lien rights, I’ve learned that a lot of folks are confused about bond claims. This is especially [...]
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 [...]
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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Scott Wolfe Jr., JD
CEO of Zlien, and a licensed attorney in six states, he's experienced in construction & corporate credit management laws....Read More
Nate Budde, JD
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Seth Smiley, JD
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