Amandeep S. Kahlon | Bradley Arant Boult Cummings Liens are one of the primary tools for the construction industry to secure payment claims. However, lien rights and remedies vary between states, and these distinctions are often difficult for owners, contractors, and subcontractors to navigate. Because many states apply lien laws strictly—meaning technical non-compliance can result… Continue reading Lien Rights: Remedies for Potential Issues on the Project
Tag: Mechanics Lien Law
An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?
Virginia Trunkes | Construction Law Zone A subcontractor has liened the property even though the owner has paid in full for its work. The general contractor has disappeared. What should an owner do next? And will its attorneys’ fees be recoverable? In New York, a mechanic’s lien, although filed in the county clerk’s office on… Continue reading An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?
Filling Out the Contractor’s Final Payment Affidavit
David Adelstein | Florida Construction Legal Updates When preparing a contractor’s final payment affidavit, I always suggest for a contractor (or anyone in privity of contract with the owner) to identify the undisputed amounts their accounting reflects is owed to ALL subcontractors, etc., regardless of whether that entity preserved their lien rights. If the contractor provided… Continue reading Filling Out the Contractor’s Final Payment Affidavit
Construction Lien Waiver Provisions Contractors Should Be Using
Jason Lambert | Construction Executive It is common in construction for a subcontractor or material supplier of any tier to be required to provide a lien waiver when receiving payment. But not all lien waivers are created equal. While at a minimum, a lien waiver, by definition, needs to include a release of liens, it… Continue reading Construction Lien Waiver Provisions Contractors Should Be Using
Construction Lien Does Not Include Late Fees Separate From Interest
David Adelstein | Florida Construction Legal Updates Construction liens can include unpaid finance charges. But, what about late fees? You know, the late fees that certain vendors like to include in their contract or purchase order unrelated to finance charges. An added cost for being delinquent with your payment. Can a late fee be tacked… Continue reading Construction Lien Does Not Include Late Fees Separate From Interest