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California Preliminary Notice Requirements When Work Commissioned By A Tenant

By on January 9, 2013

California Civil Code Article 8200 provides that serving a preliminary notice upon the owner, the direct contractor and the construction lender is an absolute pre-requisite to later filing a mechanics lien, stop notice or payment bond claim. There are few exceptions to the California preliminary notice requirement, but one overall exception is within part (e)(2) [...]

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Construction Managers Probably Can File Mechanic Liens in California – Even Without A License

By on May 11, 2012

A few years ago, a case addressing whether construction managers needed a contractor’s license to do business made waves in California. The case, The Fifth Day LLC v. James P. Bolotin, et al, surprised many when a California appeals court held that the state’s strong public policy favoring contractor licensing did not extend to “construction [...]

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Construction Managers Can File A Mechanics Lien in Ohio

By on May 11, 2012

Unlike almost every other state, construction managers are referred to by name in the Ohio mechanics lien statutes. Nestled right within § 1311.01, the Definitions statute, is the “construction manager,” which means “a person with substantial discretion and authority to manage or direct an improvement…” In previous posts about construction managers and their mechanics lien [...]

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Construction Managers in Washington Cannot File Mechanics Liens

By on May 10, 2012

Last year I was involved with a case in Washington that asked the courts this very question, and the courts replied negatively. At the current time, therefore, construction managers do not have mechanics lien rights in the state of Washington. The case was Blue Diamond Group Inc v. KB Seattle, Inc.. The construction manager here [...]

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Can Construction Managers File Mechanics Liens?

By on May 10, 2012

Construction management used to be rare finds on a construction project. In today’s market, however, construction managers are commonplace.  Construction management degrees are popular in colleges and technical colleges, and more state legislatures are passing legislation paving the way to construction manager-managed state construction projects. But, do construction managers have mechanics lien rights? A simple [...]

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