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Louisiana Suppliers – Extra Notice Needed for Lien Rights

Construction Law Monitor

Over the past holiday season, I was at a Christmas party discussing with a friend of mine who runs an electrical supply company here in South Louisiana, the intricacies of notice provisions before a company like his can file a lien on a private project. My office constantly invalidates liens that were not filed correctly.

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Broad Form Lien Waivers No Longer Part of the Game in North Carolina

Best Practices Construction Law

And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to your lien rights. The law, effective March 1, 2022, states that a similar advanced or broad lien waiver as part of a progress payment is also not enforceable.

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Selling a House with Solar Panels is Not for the Faint of Heart

Green Building Law Update

You understand and agree that this is a lease and not a sale agreement. That fixture filing is in most states a lien or encumbrance against the system. But commonly, residential solar panel leases provide language similar to, You agree that the solar panel system is the Company’s personal property under the Uniform Commercial Code.

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Seven Things to Do When an Owner Doesn’t Pay

Constructonomics

File a Mechanic’s Lien (if you can). In Pennsylvania, the law states that you cannot file a lien on a purely public entity. Also, there is a timeline to file a mechanic’s lien. In PA it’s six months from the last day you are on the project, and if this time expires, you’re lien rights are gone.

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The Bird Box Dilemma: When False Pay Apps and Lien Waivers Are Not Fraudulent Inducement

Best Practices Construction Law

Under Massachusetts law (like most states), in order to prevail on a claim for fraudulent inducement, a plaintiff must allege a false representation, material to the negotiations, upon which the plaintiff reasonably relied in entering into an agreement with the defendant.

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Owners Can Get Cake and Icing Under New Tennessee Lien Law

Best Practices Construction Law

The new statute, signed into in May 2018, immediately created a cause of action providing for remedies for the successful challenge of the validity of a lien against a property. 4) Any actual damages incurred by the owner. 4) Any actual damages incurred by the owner.

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Texas Homestead Lien Rules & Requirements

Levelset

Mechanics liens are among the most powerful tools for contractors to ensure they get paid what they’ve earned on a construction project. In Texas, contractors must send multiple notices and meet strict deadlines to preserve their right to a lien if they need to file one. Rules & requirements for a homestead lien.

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