A friend of the blog, Vincent Pallaci, posted an article this week about a New York bill proposing to require proof of licensing before allowing a mechanics lien recording. According to Vincent, it’s a bill that has been proposed to the New York State Assembly every year since 2004 and a bill that should continue [...]
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Delaying A Mechanics Lien Claim Is A Bad, Bad Idea
You’re not paid. You don’t want to cause problems on a project, or spend relationship capital with other parties by filing an unnecessary mechanics lien claim. You don’t want to spend the money on legal claims, and quite frankly, you don’t want to make the situation turn more adversarial. So, of course, you wait. You [...]
Riddle for Construction Attorneys: Does Lien Clock Start When Materials Leave Supplier or Arrive At Jobsite?
It’s funny how you’ll go years not thinking of a particular issue, and then run into it two or three times in the same week. That’s the case for the current riddle about mechanic lien law now confronting me. And since I can’t find any answers in a survey of mechanic lien cases in the [...]
How Long Will A Mechanic Lien Cause Havoc? Not Very
I ran across a blog post this afternoon that clearly summarized an important point: There is a misconception that once a lien is filed or recorded against a property, it remains there indefinitely, similar to a deed or mortgage. (Refinance PA Mortgage Blog). Very well put. The point is absolutely true. Many, many folks in [...]
Construction Lien: What You Need To Do Immediately After Filing
So, you filed your construction lien on time. Whew! Now what? If you’re a subscriber to our blog, you know we frequently post about the technical requirements and strict deadlines that lead up to the filing of a construction lien. We don’t, however, frequently discuss the technical requirements and strict deadlines that follow a lien’s [...]
The Risks of Litigating a Washington Construction Lien
Our friends at Wolfe Law Group have just started publishing a new blog that focuses on construction law issues in the Pacific Northwest, and specifically in Washington and Oregon. So, subscribe to their feed and check out that blog to keep tabs on construction (and lien) issues in those states. Their first post is of [...]
The Importance of Knowing When Your Lien Period Begins
In nearly every state, the construction lien statutes require that claimants record their mechanics lien withing a certain “lien period.” The start of the lien period has a specific beginning date, and the lien period usually extends for a period of days or months from this start date. Mechanic liens filed outside the lien period [...]
Washington Law Protects Contractors from Dangers of Frivolous Lien Statute
A quick word from the construction law case files: The Court of Appeals, Division 1, out in Washington state, has refused to deem a construction lien as frivolous based upon the complexity of the construction contract at dispute. The court in SD Deacon Corp. of Washington v. Gaston Bros. Excavating, Inc., decided back in May [...]
Great Information on Massachusetts Lien Laws at the Massachusetts Builders Blog
Massachusetts construction attorney Andrea Goldman operates a great blog for builders, contractors, subcontractors and other construction industry professionals in the state. You can also visit her law office online here. The Massachusetts Builders Blog has recently posted a string of blog articles about mechanic lien laws in the state – they are must-reads for anyone [...]
Virginia’s Payment Chain & Why It’s Important to Lien Early
By statute, the deadline for contractors to file mechanics liens on projects in Virgina is 90 days from the last providing of services or materials. However, because of Virginia’s unique “payment chain,” subs and suppliers should file their liens as soon as problems become apparent. The “payment chain” rules can be quite complex, but its [...]
An Owner’s Perspective on Liens
We frequently post about construction liens from a contractor’s perspective – who are clearly interested in figuring out ways to qualify for the filing of a lien. What we rarely comment upon is an owner’s perspective, who are concerned with the opposite: figuring out ways to condemn a lien as improperly filed. It’s important for [...]
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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
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