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

Lien Law Change in Idaho

Grace Maldanado | Gordon Rees Scully Mansukhani On July 1, 2022, the Idaho Legislature’s amendments to I.C. 45-507 came into effect. This statute regulates the steps and requirements to sustain a valid mechanics and materialmen lien. There were three changes to the statute: (1) clarification as to who may personally serve a notice of lien;… Continue reading Lien Law Change in Idaho

Mechanics’ Liens and Public Improvements: A Primer

Mark Evans and Christopher McCloskey | Bricker & Eckler Mechanics’ liens on public construction projects are a fact of life. Although they may seem familiar, it does not pay to regard them too casually. Mechanics’ liens are statutory creatures, and anyone dealing with them needs to follow the statutory procedure precisely to avoid undesirable consequences.… Continue reading Mechanics’ Liens and Public Improvements: A Primer

DMV Setoff Laws: The Good, the Bad and the Uncertain

Jake Mitchell, Jackson Nichols and Paul Felipe Williamson | Cohen Seglias Pallas Greenhall & Furman Welcome back to our DMV Construction Law Series, where we examine different legal issues important to contractors in each post. We previously addressed the important and powerful payment mechanisms available to contractors under relevant Mechanics’ Lien laws and Little Miller Acts.… Continue reading DMV Setoff Laws: The Good, the Bad and the Uncertain

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