As we’ve mentioned before, filing a false mechanics lien is not a good idea. Mechanics liens are powerful tools, and just like all powerful tools, they shouldn’t be abused. Some states, however, take filing a fraudulent mechanics lien more seriously than others. Generally speaking, if a mechanics lien is filed fraudulently, the lien claimant is [...]
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Pennsylvania Lien Law: Is Excavation Lienable If No Structure Is Built?
Mechanics liens are a powerful tool to get folks in the construction industry paid for work performed on, or materials furnished to, a construction project. In order to gain the benefit of a mechanics lien, however, the work performed or material furnished must meet the statutory requirements of the state in which the project is [...]
Kentucky Mechanics Lien Law: Appeals Court Clarifies Service Requirements
Many state courts are notorious for enforcing state mechanics lien and contractual law extremely strictly; failure to comply with every single detail set forth in the law means that a lien will be declared invalid or a suit to foreclose on a lien will be dismissed. But must every part of a lawsuit to foreclose on [...]
Minnesota Mechanics Lien Law: Priority and Relation-Back
Many states allow a mechanics lien to relate back to the beginning of the project for purposes of establishing priority. The hard part is determining what constitutes the beginning of the project. After much litigation, the Minnesota Supreme Court may provide some guidance on how to define “one continuous project”. Minnesota’s “Relation-Back” Doctrine Regarding Mechanics [...]
Lien Law Alert: New Texas Laws Get Strict About Lien Waivers
Last August, we wrote about a Texas 14th Division Court of Appeals decision overturning a $20m judgment in favor of Zachry Construction. That case – Port of Houston Authority v. Zachry Construction – centered on the validity and scope of a lien waiver document. The moral of the case brought me back to another article we’ve [...]
Nevada Mechanics Lien Law: What’s the Real Lien Deadline?
Sometimes, it seems like I am constantly discussing deadlines. There’s a good reason for that, though. The importance of monitoring and complying with the statutory deadlines cannot be overstated. It is crucial that the time period in which a lien can be filed is not allowed to slip by unnoticed. If it does, the ability [...]
Notice to Owner: Florida Court Provides Some Clarification
Ownership of a property can change frequently, and those transfers of ownership can happen before, during, or after construction. This can cause serious headaches in states, like Florida, in which some parties are required to send a notice to owner prior to filing a valid lien. Is a subcontractor or supplier on a Florida project [...]
Pennsylvania Mechanics Lien Law: Mechanics Liens and Pennsylvania’s Home Improvement Act
Pennsylvania’s Home Improvement Consumer Protection Act (HICPA) became effective on July 1, 2009. Under the law, all parties, including contractors and subcontractors, who perform more than $5,000 of work per year, and whose company is worth less than $50 million dollars, must register with the Pennsylvania Office of Attorney General. HICPA essentially has an all-encompassing [...]
Lien Law Alerts: Georgia Amendments Signed by Governor
Just a few weeks ago we wrote about how the Georgia legislature had passed several amendments to its mechanics lien law that were only waiting on the government’s signature. We’ve been following the bill’s progress closely and are happy to report that on May 7, 2013, Governor Nathan Deal signed House Bill 434 into law. [...]
California Mechanics Lien Law Changes: (Nearly) One Year Later
On July 1, 2012, a whole host of changes to California’s mechanics lien law went into effect. Given the substance of these changes and new requirements, the Lien blog published a series of articles describing the modifications to California’s mechanics lien law. But have the changes actually led to any change in the number [...]
Payment Bonds: Connecticut Court Rules on Deadline to Foreclose Case
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 Law Alerts
Mechanics lien and bond claim laws change constantly. New bills, laws and cases construe the mechanics lien laws on an almost daily basis. For years, we’ve made a commitment to providing our readers with free notifications of important changes in state and federal mechanics lien and bond claim laws, and these notifications are all organized under this “Lien Law Alerts” section. Rely on Zlien to continue monitoring legislation and case law across the country and report on any changes that could impact your company’s legal compliance with lien and bond claim laws.
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Scott Wolfe Jr., JD
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