Paul Norris | Stark & Stark I am often approached by contractors who wish to file a construction lien regarding either a residential or a commercial project. It is not atypical for many of these contractors to believe that filing a lien claim will guarantee the payment of the amount which is due to them.… Continue reading Does Filing a Construction Lien Guarantee Payment?
Category: Mechanics Lien Law
Contractors Must Provide Pre-Notice Disclosure Before Recording a Lien
Joseph Evans | Lasher Holzapfel Sperry & Ebberson Liens provide a means of recourse for contractors, subcontractors, and suppliers who have not been paid. In Washington, there are specific disclosure requirements that must be met before a licensed and registered contractor is able to record a valid mechanic’s lien for work performed on residential real… Continue reading Contractors Must Provide Pre-Notice Disclosure Before Recording a Lien
Mechanic’s Liens And Licensing Laws: Court Ruling Highlights Strict Enforcement
Jose A. Aquino | Duane Morris The recent decision by the Supreme Court, Appellate Division, Second Department, New York, in the case of Mikoma Electric, LLC, et al. v. Otek Builders, LLC, et al., emphasizes the importance of adhering to licensing requirements within the construction industry. The case revolves around a dispute where plaintiffs, Mikoma Electric, LLC… Continue reading Mechanic’s Liens And Licensing Laws: Court Ruling Highlights Strict Enforcement
Appellate Court Ruling Clarifies Legal Boundaries of Surety Roles in Mechanic’s Liens
Jose A. Aquino | Duane Morris The Supreme Court, Appellate Division, First Department, New York, recently issued a decision in Thorobird Grand LLC et al. v. M. Melnick & Co., Inc., et al., affirming the lower court’s ruling that granted the plaintiffs’ motion for summary judgment on their cause of action alleging willful exaggeration of mechanic’s… Continue reading Appellate Court Ruling Clarifies Legal Boundaries of Surety Roles in Mechanic’s Liens
Mechanic’s Liens: Examining and Enforcing Through Foreclosure Actions vs. Special Proceedings
Jose A. Aquino | Duane Morris In the matter of Arcadia Landing, LLC v. CVM Construction Corp., the Supreme Court, Appellate Division, Second Department, New York, recently rendered a decision concerning a mechanic’s lien filed by CVM Construction Corp. The petitioner, Arcadia Landing, LLC, demanded an itemized statement of the lien pursuant to Lien Law §… Continue reading Mechanic’s Liens: Examining and Enforcing Through Foreclosure Actions vs. Special Proceedings