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 few months ago Nate wrote an article titled “Unlicensed Contractor? Depending On The State You May Be Working For Free.” The subject of this article is very important, as...
To begin this post, and, really, to make sure everybody is on the same page for all of the articles/posts on The Construction Payment Blog, we need to have a...
This demand for removal may be accompanied by an accusation that since the lien is improper, it constitutes “slander of title” and that the lien claimant may be held liable...
A Texas appeals court issued a decision last week commenting on a situation that happens quite frequently in mechanics lien law across the country. In Lyda Swinerton Builders, Inc. v. Cathay...
Earlier this year we reported that the Oklahoma legislature was considering some amendments to its mechanics lien laws, and those amendments were signed by the Governor in April 2013 and...
There is a friction within the mechanics lien laws in every state as statutes struggle to balance the power between property owners, general contractors, subcontractors, and suppliers. A variety of...
Last week, the Supreme Court of New York (New York County) invalidated a mechanics lien in an unpublished decision because the document just barely misidentified the claimant. It is a risk...
Arbitration, mediation and other alternative dispute resolution (ADR) clauses are common in construction contracts, and clearly, filing a mechanics lien is a legal action of some character outside of the...
The Rhode Island Supreme Court issued a mechanics lien opinion last month that will make it more difficult for lenders to get priority over a mechanics lien claim if they...