Melissa Jones | Frantz Ward Non-payment: the dreaded issue all subcontractors face. Tools, such as payment bond, prompt pay and mechanic’s lien rights and claims, can help secure payment. Additionally, Ohio, unlike most other states, also permits a subcontractor to look to an owner for payment under a theory of unjust enrichment, even if the… Continue reading Unjust Enrichment: The Subcontractor’s Claim Against the Owner When the General Contractor is “Unavailable for Judgment”
Category: Mechanics Lien Rights
Key Amendments to Florida’s Construction Lien Law: An Overview
Corey Etcheverry | Saul Ewing Florida’s lien law is once again under construction with significant changes which went into effect on October 1, 2023. The amendments impact various aspects of lien rights, notice requirements, bond amounts, and attorney fee recovery. Key Provisions and Implications These amendments make critical changes to Florida’s lien laws and will… Continue reading Key Amendments to Florida’s Construction Lien Law: An Overview
Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies
Jennifer P. Sommerville and Todd F. Kobrin | Shutts Have you ever heard the strange term “pith of the lease”? This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s perpetuality.”[1] Generally, a construction lien extends only to the “right, title and interest of… Continue reading Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies
Nobody’s Perfect(ed): The Complex Landscape of Mechanic’s Liens in Virginia
Brian Clarke | Sands Anderson Mechanic’s liens have long been a valuable tool for mechanics and materialmen in the Commonwealth to secure their rights to payment. Yet, despite mechanic’s liens having been in existence for well over a century, properly perfecting and enforcing a mechanic’s lien continues to prove an extraordinarily difficult task, even for… Continue reading Nobody’s Perfect(ed): The Complex Landscape of Mechanic’s Liens in Virginia
New Amendments to Florida’s Construction Lien Law
Ralf R. Rodriguez and Benjamin Keime | Cozen O’Connor On June 12, 2023, Governor Ron DeSantis signed Florida House Bill 331 into law. This new bill amends Florida’s Construction Lien Law, Chapter 713, Fla. Stats. The new legislative amendments go into effect on October 1, 2023. The amendments, among other things, expand the definition of… Continue reading New Amendments to Florida’s Construction Lien Law