Category: Mechanics Lien Law

Equitable Lien Designed to Prevent Unjust Enrichment

David Adelstein | Florida Construction Legal Updates There are instances where a party does not have construction lien rights but, nevertheless, feels the need to pursue an equitable lien against the real property. No different than a construction lien, an action to enforce an equitable lien has a one-year limitations period if it arises from the “furnishing of labor,… Continue reading Equitable Lien Designed to Prevent Unjust Enrichment

Georgia Contractors and Owners Must Follow New Lien Waiver Procedures in 2021

Gregory S. Gistenson | Barnes & Thornburg Contractors and subcontractors in Georgia must pay careful attention to the payment process over the coming months in light of Act 576 of the 155th General Assembly, which takes effect on January 1, 2021. Through the end of 2020, the act leaves in place the “duty to speak” under Georgia… Continue reading Georgia Contractors and Owners Must Follow New Lien Waiver Procedures in 2021

The Impact of the 2020 Tennessee Construction Legislation

D. Bryan Thomas and Kyle M. Doiron | Buildsmart After a number of controversial bills proposed from various industry groups over the last few years, the Tennessee construction community came together in 2020 to push through legislation intended to protect members of the construction industry. A cornerstone of that attempt was gaining lien priority –… Continue reading The Impact of the 2020 Tennessee Construction Legislation

Overstated Lien is Void; Contractor Thus Liable to Owner for Damages

Stanley A. Martin | Commonsense Construction Law The New York lien law, similar to lien laws in some other states, calls for rejection of a lien if it has been “willfully exaggerated.” A New York Appellate Division court has upheld rejection of a contractor’s lien for that reason. Contractor and homeowners signed a contract for… Continue reading Overstated Lien is Void; Contractor Thus Liable to Owner for Damages