John Mark Goodman | BuildSmart A federal judge in New York served up a good reminder last week about the importance of dotting your i’s and crossing your t’s when it comes to perfecting a mechanic’s lien. The case involves a payment dispute between a subcontractor and general contractor on a police station renovation project… Continue reading Federal Court Emphasizes Strict Adherence to Mechanic’s Lien Statute
Tag: Mechanics Lien Law
Mechanic’s Liens: Examining and Enforcing Through Foreclosure Actions vs. Special Proceedings
Jose A. Aquino | Duane Morris In the matter of Arcadia Landing, LLC v. CVM Construction Corp., the Supreme Court, Appellate Division, Second Department, New York, recently rendered a decision concerning a mechanic’s lien filed by CVM Construction Corp. The petitioner, Arcadia Landing, LLC, demanded an itemized statement of the lien pursuant to Lien Law §… Continue reading Mechanic’s Liens: Examining and Enforcing Through Foreclosure Actions vs. Special Proceedings
Who Owns it Anyway? The Uncommon Issues Unique to Mechanic’s Liens For Common Elements of a Condominium
Ciaran Kelly | Frantz Ward Contractors, subcontractors, laborers, and material suppliers who perform work or labor upon or furnish materials in furtherance of any improvement undertaken by virtue of a contract with an owner, part owner, or lessee have mechanic’s lien rights to secure payment in full for their completed work.[1] Ohio’s lien law provides that… Continue reading Who Owns it Anyway? The Uncommon Issues Unique to Mechanic’s Liens For Common Elements of a Condominium
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)
California Court Holds Mechanic’s Lien Enforceable Despite Failure To Provide Preliminary Notice
Blake Robinson | Davis Wright Tremaine In a recent case, the California Court of Appeal held that a contractor could foreclose a mechanic’s lien, over the project owner’s objection, even though the contractor had not provided a preliminary notice of lien to the project owner’s construction lender.[1] The court based its decision on the lack of… Continue reading California Court Holds Mechanic’s Lien Enforceable Despite Failure To Provide Preliminary Notice