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Bankruptcy: Automatic Stay Makes Mechanics Liens Important

By on May 2, 2013

I’ve discussed the intersection of bankruptcy and mechanics liens several times here on the Lien Blog, both in general terms and through specific court decisions. These discussions have caused me to believe strongly that, in terms of construction projects, the mechanics lien is the best way to get paid in the face of a party’s [...]

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Mechanics Lien Claims Can Cause Problems With Short Sales

By on April 30, 2013

People commonly inquire about how a mechanics lien actually works. They have heard about mechanics lien claims and know a little bit of information about it, but they wonder just how it technically performs.  How, for instance, does it actually stop a property from being sold? This article from AGBeat is pretty interesting because it [...]

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Virginia Mechanics Lien Law Amendment: How Much Really Changes?

By on April 29, 2013

  The Lien Blog recently discussed changes to the mechanics lien law scheme in Virginia. These changes mandate that every mechanics lien claimant have a license, and that the license number and dates of issue and expiration be listed on the face of the lien document, in order for the claimant’s lien to be valid. [...]

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Keys To Protecting Your Business From Risks Of A Rebounding Economy

By on April 29, 2013

A few months ago we wrote an article on the back of a great ENR.com Viewpoints editorial by Thomas C. Schleifer, a research professor at Del E. Webb School of Construction. His article – Beware The Recovery: What History Teaches Contractors and Sureties – gave folks in the industry an excellent warning in the face [...]

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Mechanics Liens: Recent Lien Law Amendments in Virginia

By on April 26, 2013

The Lien blog is constantly writing about both effective and potential changes in a state’s mechanics lien law.  As we’ve noted, sometimes these changes can be innocuous, such as when Louisiana substitutes an English word for Latin one for its statutes, but others, such as Illinois’ proposed bonding-off amendment, can have major consequences.  Virginia is [...]

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Can Legal Mechanics Liens Be Unfair?

By on April 26, 2013

Recently, we discussed Pennsylvania’s potential change from a full-price lien state to an unpaid-balance lien state, as well as the other potential changes to Pennsylvania lien law currently being debated by the Pennsylvania Senate as Senate Bill 145. The Lien Blog is not the only publication discussing the possible changes to Pennsylvania lien law, however. [...]

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Maricopa County Mechanics Lien: Digital Recording Program

By on April 24, 2013

If you need a mechanics lien recorded in Maricopa County and cannot make it to the main office in downtown Phoenix, Arizona or the Southeast office in Mesa, Arizona, there are electronic alternatives. Pursuant to ARS 11-461.C: The recorder may accept a digitized image of a recordable instrument for recording if it is submitted by a [...]

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California Lien Law: New Case Law Update

By on April 23, 2013

A recent decision out of a California appellate court upholds the California lien law standard by which a mechanics lien is valued by the lesser of the contract amount or the value of the work performed. Logically this makes sense, but the Appel v. Superior Court, 214 Cal. App. 4th 329 (Cal. App. 2d Dist. 2013) clarified some [...]

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Disguise A No Liens Clause?

Mechanics Liens: Can Owners Disguise No Lien Clauses?

By on April 23, 2013

Another blog recently discussed five of their top Ohio construction cases of 2012.  Rather than just re-hash what’s already been written, we here at the Lien blog like to imagine how these cases would have been decided had they been about mechanics liens.  Number three on the post discussed two cases.  Both seemed to indicate [...]

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Mechanics Lien Law Changes

Mechanics Lien Law: Pennsylvania Senate to Vote on Amendment

By on April 22, 2013

One of our most frequent topics here at the Lien blog is changes in lien law.  Whenever state legislatures pass or even consider  bills that propose changes to a state’s mechanics lien law, we want our readers and clients to be the first to know so that they understand how the amendment will affect their [...]

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Pennsylvania Mechanics Liens: Limiting Subcontractors’ Liens to Unpaid Balance?

By on April 22, 2013

As frequently mentioned on this blog, mechanics liens serve one purpose – to provide security to parties furnishing labor and/or material to a construction project for the improvement of real estate. This security is important; a business’s knowledge that payment will be forthcoming for work performed is crucial to keeping the wheels of industry turning [...]

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