On March 19, 2013, the Missouri Court of Appeals, Western District heard oral arguments on a fascinating landscaping lien case with potential precedential value, Manning Construction v. MCI Partners. The PAID blog expects the court to rule on two important issues. First, does work completed after a substantial amount of the project has already been completed [...]
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Missouri Mechanics Lien “Just And True Account” Requirement Explained By Appeals Court
Missouri’s Construction Lien Law, like the lien laws in every state, specifically sets forth what must be included within a filed mechanics lien statement to have effect. One unique requirement within the Missouri statutes is the need for a “just and true account” of the claimed amount. What does this “just and true account” mean? [...]
Mechanics Liens Have Priority Over Unrecorded Deed of Trust According to Missouri Supreme Court Ruling
The Missouri Supreme Court issued an opinion yesterday weighing in on a battle between a builder’s mechanics lien and a lender’s unrecorded deed of trust. The lender argued that the unrecorded deed of trust would have priority over a mechanics lien claim because the deed of trust need not meet the same recording requirements as [...]
Time Limitations and Continuing Contracts in Missouri
Time and time again here at the Zlien blog we have stressed the importance of adhering to mechanic’s lien deadlines. If you miss the deadline by which your lien must be filed, you are out of luck in terms of filing a valid mechanic’s lien. Complicating this matter is that sometimes determining the day on [...]
Mechanics Lien Gets Kansas City Contractors Paid In Face Of Bankruptcy
A few weeks ago, Zlien Chief Legal Officer Nate Budde wrote a blog series on the relationship between bankruptcy and the mechanics lien. The last post of the series summarized “Why Mechanics Lien Claims Help You Get Paid In The Face Of Bankruptcy.” In large part, this article addresses why having a mechanics lien [...]
FAQ: Are We Required To Deliver A Notice Of Intent To Lien Before Filing Our Lien?
Short Answer: Only in the following states: Arkansas, Colorado, Connecticut, Louisiana, Missouri, North Dakota, Pennsylvania, Wisconsin, Wyoming. Long Answer: It’s extremely common for folks to not quite understand the differences between preliminary notices and notices of intent to lien; and further, to not quite understand when a state requires notices of intent to be sent. [...]
Missouri’s New Lien Law Affects Real Estate Investors…Not Just Contractors
We’ve previously posted about the recent changes to Missouri’s mechanic lien laws (check out the Missouri tag here). There are a lot of great resources on this blog, and elsewhere, about the law changes and how it affects contractors. Not so much, however, has been written about how it may affect real estate investors. As [...]
Great Summary of Missouri Lien Law Changes from MoLien.com
The following is a post submitted to us by MoLiens.com, which is a great site and service operated by Missouri construction attorneys Garry Seltzer and Kevin Seltzer. In light of the recent changes to the Missouri lien laws (which we posted about previously) they published a comprehensive update and analysis of the changes. The below [...]
John Meyer’s Excellent Summary of Missouri Lien Law Changes
Earlier this year, the Missouri legislature approved some fairly significant changes to the mechanics lien laws in Missouri. We summarized those changes back in May, and posted a reminder to folks just last week as the new laws took effect August 31st (see all posts related to Missouri Lien Laws here). Well, in doing some [...]
ALERT: Missouri Residential Lien Law Changes Now In Effect
Back in May, we wrote about legislation passed in Missouri that “establishes procedures for asserting a mechanic’s lien against certain residential real property.” This legislation changes the Missouri mechanic lien and notice requirements for certain projects, and it’s important to understand the new law. Well, the end of August has come so quickly, and the [...]
Mid-Week Review: Great Articles About Mechanic Liens
Believe it or not, the Internet is full of really great news and information about mechanics liens…and it gets fuller by the hour. Literally. Here at the Construction Lien Blog we try our best to write posts concerning important updates to mechanic lien laws, or to point out relevant news stories out there that offer [...]
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
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