Recently, the Nevada Supreme Court decided Simmons Self-Storage v. Rib Roof, Inc., and while this case is especially notable for clarifying material suppliers’ rights to file mechanics liens without proving that...
One topic we frequently write about here is whether a party such as a subcontractor or supplier can waive any mechanics lien rights they might have on a property, and,...
The recent dramatic changes to Mississippi’s lien law scheme completely changed the landscape of construction security in Mississippi. Mechanics liens are now available to subcontractors, sub-subcontractors, and suppliers instead of only to...
Last August, we wrote about a Texas 14th Division Court of Appeals decision overturning a $20m judgment in favor of Zachry Construction. That case – Port of Houston Authority v....
Typically, when a court strictly construes mechanics lien statutes, it spells bad news for the lien claimant. The opposite occurred in a recent Utah case, where the Utah Court of...
Zachry Construction made a big legal news splash a few years ago when they won a three-month-long trial against the Port of Houston, awarding them $20 million. Their trial attorneys,...
Lien waivers are a fact of life in the construction industry. They are made part of almost every payment application. In fact, lien waivers are so commonplace that the practice...
In mid-2011, the Utah Court of Appeals decided a case affecting a mechanic lien’s priority over mortgages and construction loans in Olsen v. Chase (PDF Full Text). The case has...
As the world turns, mechanic’s lien laws are changed by legislatures across the country. On average, at least five substantial changes occur each year across the country, and this year,...
My friend Chris Hill posted a blog post on Construction Law Musings discussing a recent Virginia trial level decision in TWP Enterprises v. Dressel, wherein the court addressed the question...