Mia Hughes | ConsesusDocs Among owners and contractors, payment and performance bonds are commonly used together in an effort to mitigate future risk against derivative subcontractor claims. But what happens when despite the effort to mitigate risk, a derivative claimant nevertheless files a mechanics’ lien on the owner’s real property? Not all hope is lost.… Continue reading Lien Release Bonds – Remove Liens, But Not All Liability
Tag: Mechanics Lien Law
A Quick Virginia Mechanic’s Lien Timing Refresher
Christopher G. Hill | Construction Law Musings As those who read Construction Law Musings on a regular basis know, mechanic’s liens are a big part of my construction law practice. These tricky and strictly enforced statutory collection tools are very powerful when correctly recorded and utterly useless if they aren’t recorded in a timely fashion and with the correct information contained within… Continue reading A Quick Virginia Mechanic’s Lien Timing Refresher
Court of Appeals Issues Decision Regarding Second-Tier Subcontractors and Pre-Lien Notice
Travis Colburn | Ahlers Cressman & Sleight Velazquez Framing, LLC (“Velazquez”) v. Cascadia Homes, Inc. (“Cascadia”) is a Court of Appeals, Division 2 case where the primary issue on appeal was whether a second tier subcontractor was required to provide pre-lien notice under RCW 60.04 for its labor. The defendant, Cascadia, was the general contractor… Continue reading Court of Appeals Issues Decision Regarding Second-Tier Subcontractors and Pre-Lien Notice
General Contractors—In a Challenging Economy Beware of the Pitfalls In Subordinating Your Mechanics’ Lien Rights to an Owner’s Lender
Chance Brooks and Cary Jones | Snell & Wilmer Lenders on commercial real estate projects typically require that the general contractor subordinate its mechanics’ lien rights to the lender’s deed of trust and other financing documents in order to assure the lender that its security interests in the project will have priority over any mechanics’… Continue reading General Contractors—In a Challenging Economy Beware of the Pitfalls In Subordinating Your Mechanics’ Lien Rights to an Owner’s Lender
Maintenance Contractor Could Not File Mechanics Lien Because Work Was Not Permanent Improvement
Eugene Goldberg | Gallet Dreyer & Berkey In 2014, an elevator contractor contracted to service, maintain and repair the elevator for a 7-story, 21-unit East Village residential building. The contractor received a monthly sum for being on call, plus additional sums if services were provided. In 2021, the building terminated the contract. The contractor filed… Continue reading Maintenance Contractor Could Not File Mechanics Lien Because Work Was Not Permanent Improvement