J. David Pugh and Amandeep S. Kahlon | Buildsmart Liens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a construction contract. When utilized properly, filing a lien may induce an owner to release funds that are undisputedly owed to the lienor. However, when a party’s… Continue reading Fraudulently Filing Lien Backfires on Contractor
Tag: Mechanics Lien Law
Remembering The Notice of Non-Responsibility
Hopkins Carley For so long, a hot economy and commercial leasing market meant that concerns over unpaid tenant improvement construction and related mechanic’s liens were closeted like winter clothes in the heat of the summer. In the current “pandemiconomy,” many commercial businesses are planning their return to the office. Some tenants need to complete build-outs, while… Continue reading Remembering The Notice of Non-Responsibility
What If The Contractor, Rather Than The Owner, Signs a Notice of Commencement? Is the Notice Defective And, Therefore, Ineffective?
Matthew J. Meyer | Ansa Assuncao Under Florida lien law, a Notice of Commencement is a form document the property owner is generally required to sign and record in the public record before commencing any improvements to real property. One of the purposes of the Notice is to provide potential lienors with information they will… Continue reading What If The Contractor, Rather Than The Owner, Signs a Notice of Commencement? Is the Notice Defective And, Therefore, Ineffective?
Understanding Mechanic’s Liens and Arbitration Provisions
James Hartnett and Rachel Osdoba | Faegre Drinker Biddle & Reath As construction companies continue to operate under the stresses of the COVID-19 pandemic and social unrest, projects are starting and stopping as a result. These interrupted schedules, along with our overall disrupted economy, can increase the risk of non-payment. What should you do if… Continue reading Understanding Mechanic’s Liens and Arbitration Provisions
Notice Your Lien or Kiss it Goodbye
Amandeep S. Kahlon and J. David Pugh | Buildsmart Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement action as one masonry supplier recently learned. In Timberwall Land & Masonry Products,… Continue reading Notice Your Lien or Kiss it Goodbye