Building Radar

AUGUST 8, 2024

A mechanic’s lien is a legal claim against a property for unpaid work or materials provided during construction or renovation. Understanding how mechanic’s liens work, including your rights and obligations, is crucial for anyone involved in construction projects, whether you’re a contractor, subcontractor, or property owner.

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Lien Legal Security Risk 52

Best Practices Construction Law

SEPTEMBER 13, 2018

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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Lien Tennessee Banking Agreement 59

Construction Law Monitor

APRIL 17, 2012

Here at Wolfe Law Group , I have been blogging a lot lately on liens for both public and private projects ( See other posts here ). Since the state owns the land, there are no security devices , such as a lien that can attach to the land and call for its foreclosure in the event of default or non-payment. 38:2241 et seq. ).

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Lien Claims Louisiana Security 56

Construction Dive

OCTOBER 22, 2014

By Bruce Jervis Mechanic’s liens usually provide contractors and subcontractors with their most effective form of payment security on private construction projects. But, contracts sometimes call for constructors to waive or limit their lien rights before they have even performed the work. Are they conscionable?

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Lien Claims Security Contract 52

Green Building Law Update

JUNE 25, 2017

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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Maryland Lien Finance Cash Flow 136

Federal Construction Contracting Blog

APRIL 9, 2024

In this blog post, we will explore the intricate relationship between these two legal realms by diving into a primer on maritime liens. As you navigate these intertwined industries, understanding the nuances of maritime law, particularly maritime liens, becomes critical.

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Lien Construction Debt Agreement 52

NH Construction Law

OCTOBER 9, 2019

RSA 447:9 and :10 provide that a mechanic’s lien must be secured through an attachment of the property improved within 120 days of the lienor’s last furnishing of labor or materials. I conclude that the 120-day deadline for an attachment to perfect a mechanic’s lien may be extended by agreement with the owner.

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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. The increase reflected work performed, but not yet billed, prior to recording the lien.

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Lien Contract Claims California 48

Constructlaw

FEBRUARY 28, 2024

The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. The trial court sustained the preliminary objections and dismissed the lien. Second, in Belfor Prop. Restoration v.

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Lien Pennsylvania Claims Security 52

Levelset

APRIL 1, 2022

The variety of services they provide can create a lot of confusion around their right to file a mechanics lien if they don’t get paid. In an attempt to make things clearer, let’s look at what type of work restoration and remediation contractors can file a lien for — and what type of work is less likely to be protected.

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Lien Contractors Inspections Consulting 52

Green Building Law Update

JULY 24, 2016

The concept is not new, but nationally, residential PACE programs generally have been put on hold or foregone as a result of concerns of HUD and the Federal Home Loan Banks, that issued a directive in February 2011 to refrain from purchasing mortgage loans secured by properties with outstanding first lien PACE obligations.

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HardHatChat

JULY 7, 2010

Secure the outside of the building and property. Make sure the interior is secure, too. Money – To keep your construction budget in check once the project starts back up you should plan for the following: Secure construction materials so you don’t have to pay twice.

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Construction Law Monitor

MAY 31, 2011

may have far-reaching consequences for claimants, property owners and construction attorneys foreclosing mechanic liens. The decision is discussed in substantial detail on my other blog that focuses on mechanic lien laws, the Construction Lien Blog (published by Zlien ). Harold Johnson, et al. Coast Elect. Division I.

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Construction Law Monitor

APRIL 2, 2015

A mechanic’s lien is a last-resort measure used by construction procurers to obtain payment withheld by a client. In this day and age, however, many clients harbor valid concerns about fraudulent liens, especially considering Louisiana’s loose requirements for filing a mechanic’s lien. Conditional; 2.Unconditional;

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Lien Louisiana Procurement Documentation 40

Construction Law Monitor

APRIL 2, 2015

mechanic’s lien is a last-resort measure used by construction procurers to obtain payment withheld by a client. In this day and age, however, many clients harbor valid concerns about fraudulent liens, especially considering Louisiana’s loose requirements for filing a mechanic’s lien. Conditional; 2.Unconditional;

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Lien Louisiana Procurement Documentation 40

NH Construction Law

MARCH 26, 2023

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. ;

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HardHatChat

JANUARY 25, 2012

are there any subcontractors that have a lien on the project? Is the building and construction site secure ? Specifically, are the utilities secure? When we take over stalled construction projects we try and use the same subs from the original project.

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Commercial Construction Permits Bargains 176

Construction Law Monitor

JULY 19, 2011

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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Lien Washington Contractors Claims 40

Green Building Law Update

JANUARY 24, 2016

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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Lien Finance Commercial DC 120

HardHatChat

SEPTEMBER 24, 2009

For example, if your general contractor falls behind on paying their sub contractors, or they don’t pay them at all, then those subs have lien rights that you as the developer or your tenant will have to pay the sub contractor or defend your rights as a property owner. So how do you avoid all of this?

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Commercial Banking Lien Construction 120

Levelset

MARCH 21, 2022

Protect your lien rights. The right to file a mechanics lien is the most powerful tool in your toolbelt. A mechanics lien allows you to guarantee payment from the owner. Restoration contractors have the ability to use mechanics liens to secure payment from property owners. Protect & speed up every payment.

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Cash Flow Insurance Lien Management 98

NH Construction Law

FEBRUARY 29, 2020

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.”

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NH Construction Law

OCTOBER 7, 2018

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?

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Lien Claims Contract New Hampshire 40

Levelset

NOVEMBER 7, 2024

Kodiak’s goal has always been to ensure their team has what they need to succeed, and Levelset’s lien and bond management tools, job radar, and risk management systems have allowed Kodiak to strengthen their payment processes.

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Lien Resource Risk Management 40

Construction Dive

APRIL 2, 2014

By Bruce Jervis On a private construction project, the most valuable asset available to secure the project owner’s obligations is usually the property under development. The property secures the construction loan that finances the project. With mechanic’s liens, however, it is not so simple.

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Lien Security Construction Finance 52

Fieldwire

SEPTEMBER 5, 2023

DOCUMENT MANAGEMENT Secure file storage with Fieldwire Learn more → Documents Included In A Payment Application A pay app will typically include several documents that work together. Conditional lien waivers : A lien waiver is a document that waives the signing party’s right to file a mechanics lien.

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Lien AIA Documentation Change Orders 98

Green Building Law Update

SEPTEMBER 11, 2016

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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Baltimore Maryland Finance Residential 120

Construction Dive

JUNE 11, 2014

Payment security may exist in the form of public works payment bonds or private materialman’s liens, but there is a problem. In order to file a bond or lien claim, the seller must know the project into which the goods were incorporated. These payment remedies are not general.

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South Dakota Lien Claims Products 52

Construction Law Monitor

MAY 14, 2013

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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Louisiana Lien Claims Construction 60

Levelset

JUNE 27, 2022

Securing mechanics lien rights isn’t just as simple as filing a document — it’s a process. Illinois in particular handles the amounts a subcontractor can file a lien for very differently than most other states. Each state has varying degrees of rules and requirements that must be met.

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Illinois Lien Claims Contractors 52

Construction Dive

JULY 23, 2015

Mechanic’s liens, while primarily utilized today by corporate constructors, were originally designed to provide payment security to individual tradesmen. Featured …Union Trust Had Priority over Secured LendersAgency Not Required to Extend Opened Bids

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Claims Lien Union Security 48

Construction Law Monitor

OCTOBER 9, 2013

In common terms, the PWA allows you to lien property in order to secure your right to payment. The notice of contract filing is important because, depending on the amount of the contract, the filing date will determine the time period in which one can file a lien. What is a Notice of Contract? What Does This Mean?

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Contract Lien Louisiana Contractors 51

Construction Marketing

JULY 11, 2022

As an alternative to surety bonds, some licensing agencies allow contractors to put up the entire bond amount as security. By contrast, if you have bad credit and a spotty history, you might be denied or have to pay a high percentage upfront of up to 10% to 15% to secure your bond.

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NH Construction Law

OCTOBER 22, 2023

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.

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Construction Law Monitor

JANUARY 17, 2012

When then end of the project rolled around, there would be no substantial competion filed, no adequate demand for payment , no lien filed or any other tool used to secure payment. I encounter this type of company all the time and unfortunately, by time it gets to my desk, there is little or no hope of securing full and final payment.

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Lien Construction Contract Defense 66

Construction and Infrastructure Law

AUGUST 29, 2024

Construction contracts in the energy sector involve unique challenges and risks, particularly with respect to bonds and mechanic’s liens. Know Local Mechanic’s Lien Laws: Mechanic’s liens are statutory and vary significantly from state to state. Here are our key takeaways.

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Contract Lien AIA Construction 40

Construction Law Monitor

FEBRUARY 21, 2014

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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Leases Louisiana Lien Claims 59