Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy

William L. Porter | Porter Law Group Introduction/Overview of the Mechanics Lien Law The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment of unpaid construction debts. A contractor, subcontractor or materials supplier is allowed to record a mechanics lien on real property, based on the value added… Continue reading Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy

Coverage Construction: Arizona Supreme Court’s Osborn III Opinion

Creighton Dixon, Jeffrey Porter and Lynsie Zona | Snell & Wilmer In Fidelity National v. Osborn III Partners LLC, the Arizona Supreme Court recently decided the question of whether mechanics’ liens filed by a general contractor are a construction lender’s “own darn fault” if the liens result in part from the lender discontinuing advances of loan… Continue reading Coverage Construction: Arizona Supreme Court’s Osborn III Opinion

Filing Motion to Increase Lien Transfer Bond (Before Trial Court Loses Jurisdiction Over Final Judgment)

David Adelstein | Florida Construction Legal Updates If a construction lien is recorded against real property, the lien can be transferred to a lien transfer bond.  This transfers the security or collateral of the construction lien from the real property to the lien transfer bond. The lien transfer bond can be a bond posted by a surety company… Continue reading Filing Motion to Increase Lien Transfer Bond (Before Trial Court Loses Jurisdiction Over Final Judgment)

Failing to Release A Mechanics Lien Can Destroy Your Construction Business

William L. Porter | Porter Law Group Is the title to this article possibly true? Yes, absolutely! I have seen it happen. Let me tell you how it happens so you can avoid such a result. When contractors, subcontractors or suppliers in California construction projects are not paid they often record a mechanics lien on… Continue reading Failing to Release A Mechanics Lien Can Destroy Your Construction Business

Construction Litigation Roundup: “What Did You Know… and When?”

Daniel Lund III | Phelps Dunbar What did you know… and when?  Parties typically get one bite at the apple in court on a particular “transaction” or “occurrence.” Principles of res judicata – the idea that a matter has been adjudicated and cannot be re-litigated – compel parties to bring related claims in a single… Continue reading Construction Litigation Roundup: “What Did You Know… and When?”

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