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When a general contractor or lower tier subcontractor or supplier records a mechanic’s lien attachment on property, security for the lienor’s hoped-for judgment is achieved – but often something more, and perhaps unintended, is achieved. Consolidated Electrical Distributors Inc. Eclipse Construction, Inc. ;
Suppose the contractor applied for and got a mechanic’s lien attachment on an ex parte basis in the full amount of his claims (unpaid balance, interest and anticipated attorneys’ fees). If the owner then files an objection to the lien and asks for a hearing, what will be grounds for the judge to reduce or eliminate the lien?
The requirement in RSA 447:9 that a mechanic’s lien must be secured within 120 days of the lienor’s last furnishing of labor or materials has occasionally spawned disputes over what counts as that last day. ’ Work of that nature could be found not to be such as to extend the duration of plaintiff’s lien.”
It happens this way: A contractor or subcontractor borrows money from a lender, and as security for the loan it gives the lender an assignment of or lien on its receivables and contract rights. No one thinks to ask whether the contractor has pledged its receivables to secure a loan or line of credit.
Banks insist on this as a way to ensure that the mortgages securing their construction loans are supported by enough value on the ground to collateralize repayment. NewHampshire Savings Bank , 131 N.H. ” And such a voluntary undertaking is exceedingly rare. REI Service Corporation , No.
The Participating Lender sets all the terms and conditions of the loan (including premium levels, maturity dates, fixed or variable interest rates, secured or unsecured, amortization schedule, etc.) The Securities Industry and Financial Markets Association tracks the weekly average municipal interest rate from 2000 to current.
New businesses can carry over 100 percent of their losses for 20 years if the loss is in their first year of operation. FOREIGN TRADE ZONES (FTZs): Secured areas legally outside of U.S. The company’s obligation to repay the loan is secured by a direct-pay Letter of Credit from a bank rated ‘A’ or better.
NewHampshire’s mechanic’s lien statute, RSA 447:2 , gives a lien to those who “perform labor, provide professional design services, or furnish materials” to improve someone’s real estate. ” Pine Gravel, Inc. This approach is supported by a reference in Anderson v. Shattuck , 76 N.H.
As discussed in an earlier blog (#60), in order to “perfect” a mechanic’s lien in NewHampshire the lienor must institute court action for the purpose of getting an attachment order, Topjian Plumbing Heating, Inc. ” Our question is whether NewHampshire’s mechanic’s lien statute is such a law.
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