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Be Ready to Lien in 2009 (But be Careful)

Help Everybody Everyday

2009 is likely to be a year in which many construction liens are filed. As all of us in construction know, and as reported in the AGC Smart Brief , the beginning of 2009 and through 2010 will likely show an even greater downturn in the commercial and residential markets. Kaled Naser, et. CL07-5431 (Va. Kaled Naser, et.

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Washington Law Protects Contractors from Dangers of Frivolous Lien Statute

Construction Law Monitor

A quick word from the construction law case files: The Court of Appeals, Division 1, out in Washington state, has refused to deem a construction lien as frivolous based upon the complexity of the construction contract at dispute. Issues of substance of the lien (i.e. Issues of substance of the lien (i.e. of Washington v.

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constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer

LEED project managment software » May 21, 2009. Subcontractors Mechanics lien allowed where bank seized generals funds. 107108 (May 21, 2009), has ruled in favor of the subcontractor in enforcing a mechanics lien. Funds subject to a lien waiver are required to be held by the owner in trust for the subcontractor.

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Idle Equipment not entitled to Lien in Missouri

Construction Lawyer

« Economic Loss Doctrine bars Nevada claims against Architect | Main. | » April 20, 2009. Idle Equipment not entitled to Lien in Missouri. A Missouri court has affirmed a trial court ruling in favor of a lien claimant, but at an amount reduced by the trial court to reflect the value of the idle time for the equipment.

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constructionattorneyblog: illinois supplier denied mechanics lien

Construction Lawyer

illinois supplier denied mechanics lien. An Illinois appellate court has affirmed the trial court's summary judgment against a lumber company's mechanics lien. Hillside filed a counterclaim to foreclose its mechanics lien. March 13, 2012 in litigation , mechanics liens | Permalink. mechanics liens.

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constructionattorneyblog: Waivers of liens: fraud

Construction Lawyer

Waivers of liens: fraud. The Bankruptcy Court for the Northern District of Illinois recently ruled that a contractor who falsified waivers of lien engaged in fraudulent conduct and his debt to the bank was non-dischargeable. Listed below are links to weblogs that reference Waivers of liens: fraud : Recent Posts. mechanics liens.

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#144:  What Is a “Material” Breach Justifying Contract Termination?

NH Construction Law

494, 503 (2009) ( citation omitted ). If a sub or supplier sends a notice of intent to lien, consider issuance of two-party checks. But if the breach does not impact safety, quality, timeliness or risk of liens, the better course will usually be simply to ride out the storm. ’” South Willow Properties, LLC v.