Elizabeth J. Boddy | Taft Stettinius & Hollister Owners of property encumbered by a mechanics lien often find themselves in violation of loan covenants and under pressure from their lenders. Liens are also a significant hindrance to the sale of the property to an otherwise willing buyer. How best to deal with a mechanics lien… Continue reading A Practical Approach to Resolving Mechanics Liens in Illinois: Just Deal With It.
Tag: Mechanics Lien Law
Want to Foreclose a Mechanics Lien? Get Your Invoices Straight.
John Lande | Dickinson, Mackaman, Tyler & Hagen Construction disputes can be complicated. There are often disputes between the parties about the quality of work and the amount that is due. Many contractors rely on mechanics’ liens as leverage to try to get their final payment. A case from the Iowa Court of Appeals suggests… Continue reading Want to Foreclose a Mechanics Lien? Get Your Invoices Straight.
Michigan Court of Appeals: Construction Lien Can’t Exceed Contract Value
Scott R. Murphy | Barnes & Thornburg | September 27, 2019 The Michigan Court of Appeals held that an arbitrator’s decision to award a contractor consequential damages on a construction lien claim warranted reversal even under the extremely narrow standard of review for arbitration awards. In reaching its decision, the court made the definitive ruling… Continue reading Michigan Court of Appeals: Construction Lien Can’t Exceed Contract Value
Alabama Supreme Court Clarifies Construction Lien Priority
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
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
Garret Murai | California Construction Law Blog | September 3, 2019 California provides three statutorily recognized construction payment remedies: (1) mechanics liens; (2) stop payment notices; and (3) payment bond claims. Each is intended to provide payment protections for those who furnish labor, materials and services on a construction project. However, each is also different… Continue reading California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien