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
Tag: Construction Lien
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
Doing Business in Florida, “Has the 90-Day Deadline to Record a Florida Construction Lien Started Ticking?”
Jeffrey S. Wertman | Berger Singerman LLP | May 10, 2016 Over the years, there has been considerable litigation over whether or not a construction lien in Florida has been timely filed. As construction projects increase in number, many expect there to be an escalation in construction lien filings. Construction participants, such as contractors, subcontractors,… Continue reading Doing Business in Florida, “Has the 90-Day Deadline to Record a Florida Construction Lien Started Ticking?”
“60 Days” Means 60 Days – Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed
Thomas P. Wert | Roetzel & Andress | April 28, 2016 On April 8th, a Florida Court of Appeal confirmed once again that the deadlines set forth in Florida’s construction lien law will be strictly construed by the courts. In Hiller v. Phoenix Assoc. of South Fla., Inc., 2016 WL 1386642, the District Court of… Continue reading “60 Days” Means 60 Days – Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed
Utah Amends Law to Add Procedures to Address Excessive Precontruction and Constructions Liens
Amy L. Pierce | Pillsbury | June 3, 2015 Recently, Utah Governor Gary Herbert signed into law House Bill 46, new law that amends the provisions relating to unauthorized and excessive claims of preconstruction and construction liens. For those parties who agree to arbitrate claims for a residential project or for $50,000 or less, H.B. 46… Continue reading Utah Amends Law to Add Procedures to Address Excessive Precontruction and Constructions Liens