Liberating Property: Bonding Off Construction Liens in Michigan

Warner Norcross + Judd An owner hired a contractor to make improvements on real property, but the contractor failed to pay its subcontractors or suppliers. What happens next? Under Michigan’s Construction Lien Act, contractors, subcontractors, suppliers and laborers have a powerful tool to secure payment for their work through construction liens. Once a construction lien… Continue reading Liberating Property: Bonding Off Construction Liens in Michigan

Colorado Mechanic’s Liens – Three Key Steps

Laura Martinez | Fairfield & Woods In construction projects, non-payment issues often arise. Mechanic’s liens are filed on the property where the work was performed and are an important tool for construction professionals and material suppliers to obtain payment.   However, because the statutory requirements for mechanic’s liens are strictly enforced it is critical that… Continue reading Colorado Mechanic’s Liens – Three Key Steps

California Court Holds Mechanic’s Lien Enforceable Despite Failure To Provide Preliminary Notice

Blake Robinson | Davis Wright Tremaine In a recent case, the California Court of Appeal held that a contractor could foreclose a mechanic’s lien, over the project owner’s objection, even though the contractor had not provided a preliminary notice of lien to the project owner’s construction lender.[1] The court based its decision on the lack of… Continue reading California Court Holds Mechanic’s Lien Enforceable Despite Failure To Provide Preliminary Notice

From Lien to Clean: Addressing an Expired Lien in the Chain of Title

Evan Brown | Ahead of Schedule One of the most common protections for laborers, contractors, suppliers, and others providing construction services or materials for a project is the right to a lien against the project property for the value of the work provided. However, because these liens create involuntary encumbrances on the property, lien statutes… Continue reading From Lien to Clean: Addressing an Expired Lien in the Chain of Title

Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois

Robert J. Golterman, Jeremy P. Brummond and Taylor J. Essner | LewisRice On June 14, 2024, in a case captioned Portage Park Capital, LLC v. A.L.L. Masonry Construction Co., the Illinois First District Court of Appeals clarified and expanded the scope of arbitration in resolving disputes related to mechanic’s liens. Prior to the Portage Park decision, arbitrators determined the… Continue reading Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois

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