Laura Martinez | Fairfield & Woods In construction projects, non-payment issues often arise. Mechanic’s liens are filed on the property where the work was performed and are an important tool for construction professionals and material suppliers to obtain payment. However, because the statutory requirements for mechanic’s liens are strictly enforced it is critical that… Continue reading Colorado Mechanic’s Liens – Three Key Steps
Tag: Mechanics Liens
From Lien to Clean: Addressing an Expired Lien in the Chain of Title
Evan Brown | Ahead of Schedule One of the most common protections for laborers, contractors, suppliers, and others providing construction services or materials for a project is the right to a lien against the project property for the value of the work provided. However, because these liens create involuntary encumbrances on the property, lien statutes… Continue reading From Lien to Clean: Addressing an Expired Lien in the Chain of Title
Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois
Robert J. Golterman, Jeremy P. Brummond and Taylor J. Essner | LewisRice On June 14, 2024, in a case captioned Portage Park Capital, LLC v. A.L.L. Masonry Construction Co., the Illinois First District Court of Appeals clarified and expanded the scope of arbitration in resolving disputes related to mechanic’s liens. Prior to the Portage Park decision, arbitrators determined the… Continue reading Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois
Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent
David Adelstein | Florida Construction Legal Updates A recent case serves as a reminder to TIMELY and PROPERLY assert affirmative defenses and to understand statutory conditions precedent to construction lien claims. Failing to do one or the other could be severely detrimental to the position you want to take in a dispute, whether it is a lien foreclosure dispute, or any… Continue reading Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent
Are Mechanic’s Liens the Be All End All of Construction Collections?
Christopher G. Hill | Construction Law Musings For those of you familiar with Construction Law Musings, you are aware of my affinity and discussion of those powerful but tricky collection tools: mechanic’s liens. You have heard me tout their ability to secure payment when a contractor or subcontractor has not been paid on a construction project (even… Continue reading Are Mechanic’s Liens the Be All End All of Construction Collections?