Carly Miller – Bradley Arant Boult Cummings LLP – August 1, 2014 In a recent decision, the federal appellate court encompassing nine western states and two Pacific island jurisdictions held that a California law restricting the right of non-licensed contractors to recover for unpaid services did not apply to actions brought under the Miller Act,… Continue reading California Law Restricting Non-licensed Contractors’ Right to Recover for Unpaid Services does not Apply to Miller Act Claims
Tag: contractors
Out of State . . . Out of Mind?: Ensuring that Local and Out-of-State Construction Companies Play by the Same Rules
Mississippi’s “Stop Notice” Statute Declared an Unconstitutional Deprivation of Property
Cable M. Frost – October 16, 2013 On October 10, 2013, the Fifth Circuit Court of Appeals, citing lack of procedural safeguards, affirmed a district court’s determination that Mississippi’s “Stop Notice” statute is unconstitutional because it deprives contractors of their property without due process. This holding effectively abrogates “lien rights” for first-tier subcontractors. Absent a… Continue reading Mississippi’s “Stop Notice” Statute Declared an Unconstitutional Deprivation of Property
Contractors Get Relief with Construction Subcontractor Law after the US Appeals Court Strikes Down a Mississippi Law for “Stop Payment Notices” Issued by Subcontractors
Robert E. Kohn – October 28, 2013 While contractors are having a hard time getting paid for the work they’ve done out-of-state, a recent lawsuit won by Kohn Law Group provides relief from unfair construction subcontractor law practices. On October 10, 2013, a U.S. Court of Appeals struck down the “stop notice” scheme in Mississippi,… Continue reading Contractors Get Relief with Construction Subcontractor Law after the US Appeals Court Strikes Down a Mississippi Law for “Stop Payment Notices” Issued by Subcontractors
Mechanic’s Lien Waivers: Understand What You Are Waiving
Eric Radz and Paul Sugar – September 18,2013 In Maryland and elsewhere, a mechanic’s lien safeguards a contractor’s entitlement to payment on a private project. It is a statutory device that, if properly pursued, provides a contractor a security interest in the real property improved by the contractor. While a project is under construction, an… Continue reading Mechanic’s Lien Waivers: Understand What You Are Waiving