William L. Porter | Porter Law Group The California Mechanics Lien is one of the most valuable collection devices available to contractors, subcontractors and suppliers who are unpaid for work performed and materials supplied in relation to a California Private Works project. The mechanics lien allows the claimant to sell the property where the work… Continue reading Notice of Completion Determines Mechanics Lien Deadline
Category: Mechanics Lien Rights
Oregon Court of Appeals Clarifies Timing Rule for Construction Liens
Blake Robinson | Davis Wright Tremaine | August 8, 2019 Under Oregon law, a contractor or subcontractor must file a construction lien within 75 days “after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction, whichever is earlier.” ORS 87.035(1). But when does the 75-day… Continue reading Oregon Court of Appeals Clarifies Timing Rule for Construction Liens
Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?
William L. Porter | Porter Law Group The “Notice of Non-Responsibility” is one of the most misunderstood and ineffectively used of all the legal tools available to property owners in California construction law. As a result, in most cases the answer to the above question is “No”, the posting and recording of a Notice of… Continue reading Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?
Letter of Intent Precluded Dismissal of Mechanic’s Lien
Stanley A. Martin | Commonsense Construction Law | July 17, 2019 A contractor recorded a lien notice, using a letter of intent as the “written contract” supporting the lien. The owner moved for summary dismissal of the lien, arguing that the LOI was nothing more than an agreement to negotiate a contract, and no contract… Continue reading Letter of Intent Precluded Dismissal of Mechanic’s Lien
Can Unapproved Change Orders Form the Basis for a Lawful Mechanics’ Lien Encumbering the Project?
Richard Erickson and Amanda Weaver | Snell & Wilmer | July 15, 2019 Contractors and suppliers are sometimes challenged to secure a claim for past due payment with a lien on the project, all subject to lien laws that vary throughout the United States. In Arizona, as in most states, the contractor must have a… Continue reading Can Unapproved Change Orders Form the Basis for a Lawful Mechanics’ Lien Encumbering the Project?