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
Tag: Mechanics Lien Law
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
Lien Claims And The All-Important Lis Pendens
Samuel D. Gregory | Butler Snow There are specific statutory rules governing liens. In Mississippi, for example, construction liens must be filed within 90 days of when work was last performed or labor, material, or services were provided. Then, a payment action to enforce the lien must be filed within 180 days or else the… Continue reading Lien Claims And The All-Important Lis Pendens
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