If you’ve ever looked at Zlien’s state-by-state resource page, you’ll see that each state has deadlines that must be complied with. One deadline common to every state is the time in which a party must sue to foreclose on a mechanic’s lien. Connecticut is fairly generous in this regard; a party has up to one year [...]
Lien Foreclosure ArticlesRSS feed for this section
Virginia Mechanics Liens: New Case Provides Answers and Questions
Complying with timing requirements is crucial to mechanics lien claims, but, as we’ve mentioned before, calculating these deadlines can sometimes be difficult. This is especially true in states with more than one date that must be calculated, and when there are different methods to calculating those dates. Even when the deadlines have been successfully navigated, [...]
Idaho Mechanics Lien Lawsuit: Courts Rules on What Party Must Be Named
One of the most basic features of a mechanics lien is that it enables unpaid contractors and subcontractors to get the money they are owed for furnishing labor and/or materials to a construction project. But what happens if the property owner for whom the subcontractor furnished labor or materials sells that property to a different [...]
California Mechanics Lien: 4 Gray Areas In The Lien Law
Do you have mechanics lien rights? This is a very complex question in any state as all lien legislation is riddled with gray areas and legal rule exceptions. The California legislature just finished two years of amendments to the state’s mechanics lien laws in an effort to stamp out confusion, yet there are still ambiguities [...]
Louisiana Lien Foreclosure Deadline Law Change Effective August 2013
A complex feature of Louisiana’s mechanics lien law has been changed in the state’s most recent legislative session, setting forth a mechanics lien foreclosure deadline that is easier to calculate. The law takes effect on August 1, 2013, and can be read in its full text here: Louisiana 2012 Act 394. Under existing law, mechanics [...]
Utah Mechanics Lien Foreclosure Requires A Notice of Lis Pendens
The Supreme Court of Utah cleared up a tiny uncertainty about Utah’s mechanics lien law when it invalidated a lien claim since a Notice of Lis Pendens was not filed within 180 days from the mechanics lien filing. Although the lien claimants argued that the defendants had “notice” of the foreclosure action, and therefore, were [...]
Can You File A Mechanics Lien Foreclosure Lawsuit Without An Attorney?
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. [...]
Who is a Proper Party in a North Carolina Lien Enforcement Action?
Who is a proper party in a North Carolina lien enforcement lawsuit? With the recent lien law changes, (that we have discussed in previous posts) it’s not as many people as it used to be. This change to the lien law structure in North Carolina is interesting for a couple of different reasons – foremost [...]
Illinois Appeals Court Denies Excuse For Late Mechanics Lien Foreclosure Action
As far as lien foreclosure deadlines are concerned, Illinois has a pretty liberal rule. Unlike states like California where lien claims must be foreclosed upon within just 90 days from its filing date, claimants in Illinois need not foreclose on their mechanics lien claims until two years after the completion of their contract. In a recent case [...]
New York Liens – How Long Are They Effective?
Another day, another post about how long a mechanic’s lien stays effective. Today, we’ll take a quick look at New York – one of the states in which a lien may be extended. The time period in which an action to enforce a mechanic’s lien must be initiated is necessarily congruent with the period of [...]
Attorney’s Fees May Be A One-Way Street In New Mexico
Many states allow the prevailing party in a lien foreclosure action to recover attorney’s fees from the other party. This is set out by statute in the states in which this award is available. It is no different in New Mexico; N.M. Stat. Ann. § 48-2-14 provides for the recovery of reasonable attorney’s fees, costs, and [...]
Columnists
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
Zlien's Chief Legal Mind and licensed attorney. Nate is a Stanford & Tulane Grad, a Jeopardy! alumni and more....Read More
Seth Smiley, JD
Construction attorney in California & Louisiana, Seth is an experienced construction litigator and Zlien's COO....Read More
Funding Gates
The world's first CRM for receivables management.Read More
Gretchen Lynn
Operations Genius at Zlien - She writes all the fun stuff here.Read More
Jason Bull
Zlien's Research Giant - He shares tips and info on how to confirm project, surety or construction party data.Read More
Most Viewed