David Adelstein | Florida Construction Legal Updates Just because a party does not pursue its lien rights, or waives it lien rights, or satisfies its lien, does NOT mean the party is foreclosed of its other rights, such as breach of contract or unjust enrichment. Florida’s Construction Lien Law even states that it is “cumulative to… Continue reading The Failure to Pursue a Construction Lien Does Not Create a “Gotcha” Arguement
Category: Mechanics Lien Law
Mechanic’s Liens and Contracts: A Roundup
Christopher G. Hill | Construction Law Musings Musings thought that it would step away from its discussion of “green” construction to discuss a few interesting construction cases that came down recently in the Commonwealth of Virginia. The first of these is another warning to contractors that arbitration provisions can be waived by conduct. In Shoosmith Bros.,… Continue reading Mechanic’s Liens and Contracts: A Roundup
Enforcing A Lien In Washington State
Babak Shamsi | Beresford Booth In Washington State, many mechanisms exist to enforce a debt. One of the most powerful mechanisms is the claim of lien. At its most basic definition, a lien is a claim to the personal or real property of another who owes the creditor money. With respect to real property, a… Continue reading Enforcing A Lien In Washington State
Washington Court of Appeals Confirms Contractor Can Appeal Denial of Intervention in Lien Foreclosure Suit
Brian Esler | Miller Nash Washington’s construction lien statute makes clear that all lien foreclosure actions arising out of the same project should be joined into a single lawsuit. Filing a motion to intervene in a pending foreclosure lawsuit will also stay the normal eight-month deadline for filing a lien foreclosure lawsuit—at least until the motion is… Continue reading Washington Court of Appeals Confirms Contractor Can Appeal Denial of Intervention in Lien Foreclosure Suit
Contractors’ Civil Liability Under Colorado’s Mechanics’ Lien Trust Fund Statute
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