Christopher G. Hill | Construction Law Musings As any reader of this construction law blog knows, mechanic’s liens make up much of the discussion here at Construction Law Musings. A recent case out of Fairfax County, Virginia examined the question of whether contractual privity between the general contractor and owner of the property at issue is necessary. As… Continue reading Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s
Category: Mechanics Lien Rights
Litigation Privilege Saves the Day for Mechanic’s Liens
Stephen M. Tye and Lawrence S. Zucker II | Haight Brown & Bonesteel In RGC Gaslamp v. Ehmcke Sheet Metal Co., the Fourth Appellate District held that a trial court properly granted an anti-SLAPP motion because the recording of a mechanic’s lien is protected by the litigation privilege. In RGC Gaslamp, subcontractor Ehmcke Sheet Metal Company (“Ehmcke”)… Continue reading Litigation Privilege Saves the Day for Mechanic’s Liens
Changes in the Law on Lien Waivers
Alan Paulk | Autry, Hall & Cook Among many things to look forward to in 2021, we can add a new lien law to the list. Effective January 1, 2021, Georgia’s Lien Statute will be modified so that lien waivers and releases are limited to “waivers and releases of lien and labor or material bond… Continue reading Changes in the Law on Lien Waivers
Equitable Lien Designed to Prevent Unjust Enrichment
David Adelstein | Florida Construction Legal Updates There are instances where a party does not have construction lien rights but, nevertheless, feels the need to pursue an equitable lien against the real property. No different than a construction lien, an action to enforce an equitable lien has a one-year limitations period if it arises from the “furnishing of labor,… Continue reading Equitable Lien Designed to Prevent Unjust Enrichment
Georgia Contractors and Owners Must Follow New Lien Waiver Procedures in 2021
Gregory S. Gistenson | Barnes & Thornburg Contractors and subcontractors in Georgia must pay careful attention to the payment process over the coming months in light of Act 576 of the 155th General Assembly, which takes effect on January 1, 2021. Through the end of 2020, the act leaves in place the “duty to speak” under Georgia… Continue reading Georgia Contractors and Owners Must Follow New Lien Waiver Procedures in 2021