Blake Robinson | Davis Wright Remaine When a construction project goes bad, there will often be more than one party looking for payment. The project owner might fail to pay both the contractor and the lender. If both the contractor and lender have liens, whose lien has priority? The short answer: it depends. The General… Continue reading Contractors vs. Lenders – Who Has Lien Priority in Oregon?
Category: Mechanics Lien Rights
Construction Liens – What is a Lien Fund?
Paul Norris | Stark & Stark Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In general terms, a lien claimant is only entitled to payment from the project owner… Continue reading Construction Liens – What is a Lien Fund?
Preserving Lien Rights on Private Projects in Washington: Three Common Mistakes to Avoid
Kristina Southwell | Ahlers Cressman & Sleight The Washington Construction Lien Statute, RCW 60.04 et seq., exists to help secure payment for work performed for the improvement of real property.[1] The statute grants “any person furnishing labor, professional services, materials, or equipment for the improvement of real property” the authority to claim “a lien upon the improvement… Continue reading Preserving Lien Rights on Private Projects in Washington: Three Common Mistakes to Avoid
Mastering Construction Liens: Pursuing Payment (Part 2)
Taylor M. Hayes and J. Daniel Weidner | Koley Jessen Let’s assume you have successfully filed a construction lien. Let’s also assume your lien was timely recorded, notice was provided (if necessary), you have compiled all relevant documentation, and now you are ready to pursue payment for the amount secured by the lien. Unfortunately, recording… Continue reading Mastering Construction Liens: Pursuing Payment (Part 2)
Liberating Property: Bonding Off Construction Liens in Michigan
Warner Norcross + Judd An owner hired a contractor to make improvements on real property, but the contractor failed to pay its subcontractors or suppliers. What happens next? Under Michigan’s Construction Lien Act, contractors, subcontractors, suppliers and laborers have a powerful tool to secure payment for their work through construction liens. Once a construction lien… Continue reading Liberating Property: Bonding Off Construction Liens in Michigan