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
Tag: Mechanics Lien Law
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
Construction Contract Tip – Subcontractors, Don’t Waive Your Right to a Lien
Sam DeBaltzo | Tonkon Torp In the course of reviewing construction subcontracts, I’ve recently seen provisions similar to the following (simplified for convenience and confidentiality): “The subcontractor shall reimburse the [Contractor and/or Owner] for any costs and expenses for any claim, obligation, or lien that arises from the performance of the work.” “The subcontractor shall… Continue reading Construction Contract Tip – Subcontractors, Don’t Waive Your Right to a Lien
Deciding Willful Exaggeration Of A Lien Before Trial
Randy J. Heller | Gallet Dreyer & Berkey Filing a mechanic’s lien is easy. As those of my generation used to say, “all you need is a typewriter and a dream.” Just fill out a form, sign it, and walk it down to the County Clerk’s office and (for a small fee) you can file… Continue reading Deciding Willful Exaggeration Of A Lien Before Trial
Potential Changes on the Horizon to Ohio Lien Law
Aaron Evenchik and Tara Rose | Hahn Loeser & Parks The Ohio General Assembly is considering a revision to Ohio private lien law to make it clearer when projects start and end and enable title to be clear on lien rights. Under 1311.04, a Notice of Commencement (NOC) is to be recorded before a project commences and… Continue reading Potential Changes on the Horizon to Ohio Lien Law