Taylor M. Hayes and J. Daniel Weidner | Koley Jessen Here is the situation: you are a contractor who entered into a contract to construct a building, you have performed your scope of work but you have not been paid what you are owed. You filed a construction lien on the property, but how does… Continue reading Mastering Construction Liens: Strategies for Getting Paid (Part 1)
Category: Mechanics Lien Law
A Brief Primer on Perfecting Your Mechanics Lien When the Property Owner Files Bankruptcy
William L. Porter | Porter Law Group Overview of the Mechanics Lien Law This is a brief description of steps to be taken when the Owner of property on which you have recorded a mechanics lien files bankruptcy. The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment… Continue reading A Brief Primer on Perfecting Your Mechanics Lien When the Property Owner Files Bankruptcy
Unjust Enrichment: The Subcontractor’s Claim Against the Owner When the General Contractor is “Unavailable for Judgment”
Melissa Jones | Frantz Ward Non-payment: the dreaded issue all subcontractors face. Tools, such as payment bond, prompt pay and mechanic’s lien rights and claims, can help secure payment. Additionally, Ohio, unlike most other states, also permits a subcontractor to look to an owner for payment under a theory of unjust enrichment, even if the… Continue reading Unjust Enrichment: The Subcontractor’s Claim Against the Owner When the General Contractor is “Unavailable for Judgment”
Key Amendments to Florida’s Construction Lien Law: An Overview
Corey Etcheverry | Saul Ewing Florida’s lien law is once again under construction with significant changes which went into effect on October 1, 2023. The amendments impact various aspects of lien rights, notice requirements, bond amounts, and attorney fee recovery. Key Provisions and Implications These amendments make critical changes to Florida’s lien laws and will… Continue reading Key Amendments to Florida’s Construction Lien Law: An Overview
Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies
Jennifer P. Sommerville and Todd F. Kobrin | Shutts Have you ever heard the strange term “pith of the lease”? This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s perpetuality.”[1] Generally, a construction lien extends only to the “right, title and interest of… Continue reading Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies