Laura Martinez | Fairfield & Woods Under Colorado’s mechanics’ lien trust fund statute, CRS § 38-22-127 (trust fund statute or statute), a contractor who fails to pay its subcontractors, despite having been paid by the owner, can face criminal and civil liability. This article provides an overview of civil liability under the trust fund statute.… Continue reading Contractors’ Civil Liability Under Colorado’s Mechanics’ Lien Trust Fund Statute
Category: Mechanics Lien Law
Contracting For Community Associations: Mechanic’s Liens
Johnathan Ebertshauser | CHBD Law When community associations engage a contractor to perform construction within the development, the contract between the association and the vendor will often reference the contractor’s right to record a lien against the association’s property. This is generally referred to as a “Mechanic’s Lien” and is governed by A.R.S. § 33-981 et seq. The Mechanic’s Lien gives… Continue reading Contracting For Community Associations: Mechanic’s Liens
Construction Liens in Washington: Essential Knowledge for Construction Professionals
Bart Reed, Karl Oles and Ean Brown | Stoel Rives Why Understanding Liens is Important Construction liens are a critical aspect of the construction industry, providing security for those who contribute labor, materials, or services to a project. Understanding construction liens is essential for disparate parties involved in private construction since liens, as security interests,… Continue reading Construction Liens in Washington: Essential Knowledge for Construction Professionals
How Can an Owner Discharge a Mechanic’s Lien After It Expires?
Michael D. Jefferson | Davis Wright Tremaine Mechanic’s liens, once filed, must be enforced by the lien claimant filing a lawsuit to foreclose on the lien. In California, the time for enforcement of a lien is 90 days; in Oregon it is 120 days. In Washington, a lien claimant has eight months from the date… Continue reading How Can an Owner Discharge a Mechanic’s Lien After It Expires?
Federal Court Emphasizes Strict Adherence to Mechanic’s Lien Statute
John Mark Goodman | BuildSmart A federal judge in New York served up a good reminder last week about the importance of dotting your i’s and crossing your t’s when it comes to perfecting a mechanic’s lien. The case involves a payment dispute between a subcontractor and general contractor on a police station renovation project… Continue reading Federal Court Emphasizes Strict Adherence to Mechanic’s Lien Statute