Edward Farrell is an effective senior commercial litigator with a practice focused on the resolution of construction conflicts and on complex business litigation across numerous industry groups and business sectors. Mr. Farrell offers particular insight into litigating business disputes involving construction projects, such as claims for breach of contract, mechanics liens, and related construction remedies. He works with construction industry clients from project inception, including contract preparation and negotiations, to project conclusion, including the resolution of construction claims and disputes in mediation, arbitration and litigation. Mr. Farrell has successfully represented large and small business entities, business owners and operators, construction companies and inMore...More...
If the concrete never made it to the job or was never incorporated into the work of improvement to benefit the owner, then a lien would be improper. See More...
Send the prelim now even though it is late as it reaches back 20 days from service. Please also know that typically general contractors, if they are in direct contract with the owner, do not need to serve a prelim in order to preserve their lien rights. See More...
That is true. If an owner withholds a retention from a direct contractor, the owner shall, within 45 days after completion of the work of improvement, pay the retention to the contractor. However, if there is a good faith dispute between the owner and direct contractor as to a retention payment due, the owner may withhold the final payment. It seems that there is a dispute between the owner and GC on the retention payment and that is why you were not paid yet. See More...
If you've recorded a mechanics lien, you have 90 days within the recordation date to file a lawsuit to enforce the lien against the property if you remain unpaid. See More...
You would have 90 days after completion of the work of improvement on the rental within which to record a mechanics lien claim. After 90 days, your mechanics lien rights expire. However, you may still seek to file civil claims for damages as a result of the non-payment even if you do not have lien rights anymore. See More...