Privity of contract is a simple concept. One must possess privity in order to sue another party for contract-related damages… usually. The basic concept of privity essentially means that if...
Priority battles can sometimes turn into a nightmare for mechanics lien holders. In many cases, a mortgage lender may have priority over a mechanics lien. Why? Most jurisdictions will give...
Mechanics liens are one of the most powerful tools to protect against the risk of nonpayment on construction projects. But, like with all tools, there are certain situations in which...
What’s in a name? In the mechanics lien world any tiny mistake can invalidate an entire claim, and surprisingly over the past year, claimants have been misidentifying themselves quite a...
A recent case out of Indiana, Feitler v. Springfield Enterprises, addressed two interesting issues: whether “no-lien clauses” in construction contracts are valid and whether parties who are prevented from filing mechanics liens due to...
This sounds like it has an obvious answer. Of course, lien law nuances prove otherwise as there are some scenarios when your right to file a mechanics lien could actually...
If you’re unpaid on a construction project, you usually have mechanics lien rights and/or the right to recover under a payment bond. The magic of mechanics lien or bond claim...
A few months ago, I wrote a post about a popular mechanic’s lien myth: Myth: You Can’t File A Mechanic’s Lien Without A Written Contract. Despite the common misconception, mechanic...
When a project is short on funding, lien priority becomes a pretty big deal. Unfortunately for contractors and suppliers, the priority afforded to liens will vary from state-to-state. We’ve discussed...
