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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. Others party-goers probably thought our conversation boring, but we were intrigued.

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PACE in Maryland is Not Keeping Pace

Green Building Law Update

In the event of a default, the amount in default (but not the entire principal of the PACE loan) is a liability that is a property tax lien collected by the local government with the priority associated with other real property tax liens, so existing mortgage holder acknowledgment of a PACE loan is required.

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PACE Programs are Stepping Up the Pace

Green Building Law Update

In the event of a default, the liability is a property tax lien collected by the local government with the priority associated with other real property tax liens, so existing mortgage holder consent is required. There were not similar concerns expressed about commercial loans. Commercial PACE programs are still very new.

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PACE Bill Due in Baltimore City

Green Building Law Update

The concept is not new, but nationally including in Maryland, “residential” PACE programs were put on hold as a result of a directive in 2011 that Fannie Mae and Freddie Mac refrain from purchasing mortgage loans secured by properties with outstanding PACE obligations. Commercial PACE programs are still very new.

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Landlords Have Rights! Use of Lessors Privilege

Construction Law Monitor

A common example that we blog about here is the, Statement of Claim and Privilege , a Louisiana lien. It is also found in the Louisiana Civil Code under the section Lessors Security Rights, La C.C. Most writs of sequestration require some type of security deposit, but the lessor’s privilege is exempt from this requirement.

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In The Pipeline – Changes in Louisiana Construction Law

Construction Law Monitor

There are currently three bills in various stages of the legislative process that would significantly change how different parties secure their rights to payment. Securing and maintaining the proper licensing and registration is incredibly important in the construction world here in Louisiana. Proposed Changes to the Private Works Act.

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How to Get Paid on New Jersey Public Projects

Levelset

When payment problems come up, contractors on public projects can’t turn to the mechanics lien for the solution — both the federal and state governments prohibit private companies from gaining interest in public property. Instead, general contractors on public construction projects have to secure a payment bond prior to the start of work.