Can “Relating Back” Extend the Miller Act’s One Year Limitation Period?
Under the Miller Act, a party is limited to a one year period to file suit against a payment bond to recover payment. This one year period may be extended for very...
Under the Miller Act, a party is limited to a one year period to file suit against a payment bond to recover payment. This one year period may be extended for very...
Every state has different laws, requirements, and regulation pertaining to public and private construction jobs. How you file your mechanics lien and where you file it can greatly be affected...
Contract clauses that attempt to shift the financial risk of a project onto lower-tiered parties are all too common in the construction industry. Many times, these clauses are a direct...
While mechanics liens can provide valuable protection for parties who furnish labor and/or materials to construction projects, the claimant must qualify to file a valid mechanics lien before the protections can...
Whether or not a mechanics lien may, or should, be amended in certain various circumstances is a difficult and dangerous question. Further, determining what information is “close enough” and what information...
One would think that identifying oneself on a document is a no brainer. Similar to going to a party and saying, “hello, my name is ___,” when filing a mechanics...
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,...
Last week, the Supreme Court of New York (New York County) invalidated a mechanics lien in an unpublished decision because the document just barely misidentified the claimant.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...
If a construction project gets saddled with mechanics lien claims and money gets tight, the topic of “Lien Priority” can suddenly become very important. Every state has some method of ranking...
New York is one of those states with multiple mechanics lien deadlines. Your deadline will actually change depending on the nature of the project. As explained in Levelset’s New York...