Madeline Hughes and Stephen Pudner | Baker Donelson | September 17, 2019 The Alabama Supreme Court recently reinforced its policy of giving priority to construction lenders over materialmen in its holding in GHB Construction and Development Co., Inc. v. West Alabama Bank and Trust, 2019 WL 1416893 (Ala. 2019). GHB, a contractor, challenged the priority of… Continue reading Alabama Supreme Court Clarifies Construction Lien Priority
Category: Mechanics Lien Rights
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
Garret Murai | California Construction Law Blog | September 3, 2019 California provides three statutorily recognized construction payment remedies: (1) mechanics liens; (2) stop payment notices; and (3) payment bond claims. Each is intended to provide payment protections for those who furnish labor, materials and services on a construction project. However, each is also different… Continue reading California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
Reminder About the Upcoming Mechanic’s Lien Form Change
Christopher G. Hill | Construction Law Musings | June 14, 2019 As July 1, 2019 approaches with its inevitable changes to the Virginia Code, I wanted to remind you once again that the statutory form for a Virginia mechanic’s lien will change as of that date. HB2409 passed both houses of the General Assembly and has… Continue reading Reminder About the Upcoming Mechanic’s Lien Form Change
Preliminary Notices: Common Avoidable But Fatal Mistakes
William L. Porter | Porter Law Group In the California building and construction industry, service of a “Preliminary Notice” is a prerequisite for Subcontractor and Supplier claims for payment through the Mechanics Lien, Stop Payment Notice and Payment Bond Claim process. Without proper drafting and service of a Preliminary Notice, these extremely valuable claims cannot… Continue reading Preliminary Notices: Common Avoidable But Fatal Mistakes
New Construction Lien Legislation In Tennessee
Kathryn K. Van Namen | Butler Snow | August 26, 2019 Changes to Remedies in Lien Enforcement Actions New legislation in Tennessee has limited the recovery of attorney’s fees, expenses, and actual and liquidated damages in instances where a real property owner seeks to enforce a lien. Public Chapter 142, signed by Governor Lee and… Continue reading New Construction Lien Legislation In Tennessee