Laurie Choi, Amanda McKinlay and James Snow | Snell & Wilmer A mechanics’ lien affords unpaid contractors, subcontractors, laborers, and/or material suppliers a security interest in the property’s real estate and title. A blanket lien is a type of mechanics’ lien that covers more than one unit, building, or property which contracted for labor, materials,… Continue reading Mechanics’ Liens: Misapplication of a “Blanket Lien” Under Colorado’s General Mechanics’ Lien Act
Category: Mechanics Lien Law
Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent
David Adelstein | Florida Construction Legal Updates A recent case serves as a reminder to TIMELY and PROPERLY assert affirmative defenses and to understand statutory conditions precedent to construction lien claims. Failing to do one or the other could be severely detrimental to the position you want to take in a dispute, whether it is a lien foreclosure dispute, or any… Continue reading Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent
Are Mechanic’s Liens the Be All End All of Construction Collections?
Christopher G. Hill | Construction Law Musings For those of you familiar with Construction Law Musings, you are aware of my affinity and discussion of those powerful but tricky collection tools: mechanic’s liens. You have heard me tout their ability to secure payment when a contractor or subcontractor has not been paid on a construction project (even… Continue reading Are Mechanic’s Liens the Be All End All of Construction Collections?
Revisiting The Intricacies Of Lien Law § 38
Jose A. Aquino | Duane Morris In the realm of construction law, disputes over the enforcement and validity of mechanic’s liens are fairly common. The recent case of 176 Washington Park LLC v. Empire Core Group LLC, 2024 N.Y. Slip Op. 50906(U) (Sup. Ct., NY Co., June 21, 2024), serves as a classic illustration of the… Continue reading Revisiting The Intricacies Of Lien Law § 38
Owner Can’t Pursue Statutory Show Cause Complaint to Cancel Lien…Fair Outcome?
David Adelstein | Florida Construction Legal Updates If there is a payment dispute with a construction lienor — could be a contractor, a subcontractor, or supplier – it is possible, and more than likely, a construction lien may get recorded against real property. This scenario is not uncommon as the lien is the mechanism for the lienor to collateralize… Continue reading Owner Can’t Pursue Statutory Show Cause Complaint to Cancel Lien…Fair Outcome?