Construction Dive

NOVEMBER 12, 2014

By Bruce Jervis A mechanic’s lien is a contractor’s best form of payment security on a private construction project. State lien statutes specify the timely steps a contractor must take, from notice to filing to foreclosure. A California court recently addressed this question.

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Lets Build

APRIL 6, 2022

Let’s look at California – the state with the highest construction output in the US – as an example. Retainage and mechanic’s liens. As a contractor, you have a powerful tool you can use to collect payment that you’re owed – a mechanic’s lien.

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Cash Flow Lien Construction Negotiation 147

Best Practices Construction Law

JUNE 15, 2022

According to Levelset, the following states have prohibited pay-if-paid clauses: California. In other states, the prohibition has been decided by the courts, such as the California Supreme Court’s decision in Wm. It is important to understanding lien rights on a project, payment protections, and ultimately the risk of non-payment.

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Fieldwire

AUGUST 14, 2023

On public projects in California, for example, state law caps retainage at 5% prior to completion and acceptance of the project. On public jobs in California, final and retainage payments are due to the prime contractor within 60 days of the project’s final completion.

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Construction Law Monitor

OCTOBER 16, 2012

As an attorney in multiple states (California and Louisiana) there are many overlapping rules and theory of law that are transferable from jurisdiction to jurisdiction. California is a jurisdiction of forms. This blog post is a part of the California Civil Procedure Series written by Wolfe Law Group.

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Construction Lawyer

AUGUST 5, 2005

California: No contractual jury waiver. The California Supreme Court, on August 4, 2005, in Grafton Partners v. The California Constitution states: Trial by jury is an inviolate right and shall be secured to all, but in a civil cause three-fourths of the jury may render a verdict. mechanics liens. Categories. arbitration.

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Green Building Law Update

DECEMBER 5, 2021

And just last Wednesday the California Department of Water Resources announced for the first time it is not going to allocate any water next year to local water districts. As weather induced droughts in the U.S. make interstate groundwater disputes increasingly likely in the coming years there are real implications for our future.

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Construction Lawyer

JUNE 24, 2005

California: expert can seek equitable contribution from law firm. in a recent California Case , the appellate court reversed summary judgment in favor of a law firm and allowed an expert to proceed with an equitable contribution claim against the law firm that hired him. Then, again, this was in California. mechanics liens.

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Construction and Infrastructure Law

FEBRUARY 6, 2018

Nevertheless, critics of the bill anticipate that it will ultimately increase building costs, and will only exacerbate the current shortage of affordable housing in California. Joint employment liability has been an ongoing trend in California. The bill also precludes recovery of liquidated damages or penalties.

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Construction Dive

FEBRUARY 12, 2015

A public project owner in California delivered a written notice of default to its contractor. Featured…Owner Reaches Retainage without Determination of DefaultDeviation from Statutory Lien Waiver Form Costly for Lender' This retainage, which can accumulate to a substantial sum, provides the owner with more than just protection.

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Lien California Contractors Contract 48

Construction Law Monitor

SEPTEMBER 27, 2010

Started in the green revolution’s holy land, Berkley, California, PACE financing is shorthand for Property-Assessed Clean Energy Financing ( Wikipedia entry ). Well, PACE loans create a lien against properties similar to a tax lien, meaning that the lien has priority over all other debts (including mortgages).

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Finance Lien Green Louisiana 48

Green Building Law Blog

FEBRUARY 2, 2012

In the wake of the FHFA actions, several law suits were filed, including one in the Northern District of California. The plaintiffs in the California PACE case alleged that the FHFA acted without following the appropriate administrative procedures, and without doing and Environmental Impact Assessment.

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Leases Lien California Finance 40

Construction Law Monitor

APRIL 10, 2014

This phase also includes sending out notices and filing liens, in a timely manner and properly. Collections Litigation Louisiana Attorneys Fees California Credit and Collection Wolfe Law Group Zlien' All of these essential elements make the post-collection process much easier, more efficient and most importantly successful.

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Debt Commercial Accounting Louisiana 56

Construction Lawyer

MAY 13, 2009

A California case, Manhattan Loft v. Respondent filed a motion to dismiss per California's anti-SLAPP statute. May 13, 2009 in arbitration , litigation , mechanics liens | Permalink. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. Risks in LEED design » May 13, 2009.

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Construction Law Monitor

SEPTEMBER 17, 2013

The rule as applied in California is explained (and defined) nicely by the court in Post Bros. This interpretation of the “joint check rule” has been adopted by a number of states, including Arizona, California, and Washington. Should You Sign That Lien Waiver? Related articles. Some Contractors Get Paid.

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Agreement Construction California Lien 51

Construction Law Monitor

AUGUST 9, 2011

A liquidating agreement clause can act like a lien, in that it gives causes of action to the subcontractor against the owner where there is no privy of contract. Further reading: California Pay-if-paid Wm. ” This is similar to subrogation in the insurance context. Do not confuse a liquidating agreement with liquidated damages.

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Agreement Contract Insurance Construction 57

Construction and Infrastructure Law

JUNE 11, 2018

A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. After Rockefeller , such contract language is no longer enforceable, at least in California. In Rockefeller Technology Investments (Asia) VII v.

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Procurement Contract California Contractors 40

Construction Lawyer

MAY 3, 2006

A California court affirmed a jurys finding in favor of the defendants in a case where a "seasoned and mature" construction worker was injured by a fallen plank from scaffolding that was being disassembled. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. Recent Posts. Categories.

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Construction Lawyer

JUNE 23, 2005

California: expert can seek equitable contribution from law firm » June 23, 2005. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. « Supreme Court Revisits Prima Paint | Main. Supreme Court rules that property can be taken for development. TrackBack URL for this entry: [link].

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Construction Lawyer

JUNE 28, 2005

« California: expert can seek equitable contribution from law firm | Main. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. Supreme Court Nominees Construction Decisions » June 28, 2005. June 28, 2005 in general | Permalink. TrackBack URL for this entry: [link]. Categories.

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Illinois AIA Chicago Legal 40

Construction Lawyer

AUGUST 2, 2005

California: No contractual jury waiver » August 02, 2005. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. « Registering Copyright as Prerequisite for filing suit | Main. Email -- Be careful what you write. TrackBack URL for this entry: [link]. Add me to your TypePad People list.

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Illinois AIA Chicago Legal 40

Construction Lawyer

AUGUST 8, 2005

« California: No contractual jury waiver | Main. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. Copyright -- World Trade Center » August 08, 2005. Termination of contract bars arbitration. Thanks to the Construction Owners and Builders Law Blog for this case. Categories.

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Construction Lawyer

JANUARY 30, 2006

" The defendant in the case was a competitor of FieldTurf and complained to the school district that California does not favor sole source procurement. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. The specifications were amended and the defendant was awarded the contract. Categories.

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Illinois AIA Chicago Legal 40

Levelset

MAY 25, 2022

Just like many other states across the country, California is stepping up its commitment to infrastructure. On May 13, 2022, Governor Gavin Newsom announced that the state’s proposed budget would include $37 billion to “rebuild California,” with money allocated for expanding broadband and housing resources, as well as a $128.3

California 52

California Claims Lien Contractors 52

Buisness Facilities Contributed Content

APRIL 15, 2014

CALIFORNIA – updated for 2014. The California Capital Access Program (CalCAP): Encourages participating banks and lending institutions to provide loans to small businesses that fall outside of conventional underwriting standards. Any unused credit may be carried forward for a period of nine years.

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Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

MARCH 21, 2014

CALIFORNIA. To qualify, a taxpayer’s research must be conducted within California and include basic or applied research of scientific inquiry, original investigation for the advancement of scientific or engineering knowledge or improved function of a business component. Possible city business tax exemption.

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Income Finance Zoning Equipment 75

Levelset

JULY 7, 2022

When payment problems come up on a public project, contractors can’t just file a mechanics lien as a solution, as both the federal government and state governments prohibit private companies from gaining interest in public property. Working nearby? Oregon bond claim laws.

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Oregon Claims Contract Contractors 52