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?”
Tag: Mechanics Lien Law
One More Mechanic’s Lien Number- the Number 30
Christopher G. Hill | Construction Law Musings I’ve spoken here often about the numbers 90 and 150 as they relate to Virginia mechanic’s liens. These numbers are important for all mechanic’s liens in Virginia, whether commercial or residential (meaning liens for 1 and 2-family homes). There is another number, 30, that is important for those construction contractors that… Continue reading One More Mechanic’s Lien Number- the Number 30
Lien Release Bonds – Remove Liens, But Not All Liability
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
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