Category: Mechanics Lien Law

What If The Contractor, Rather Than The Owner, Signs a Notice of Commencement? Is the Notice Defective And, Therefore, Ineffective?

Matthew J. Meyer | Ansa Assuncao Under Florida lien law, a Notice of Commencement is a form document the property owner is generally required to sign and record in the public record before commencing any improvements to real property. One of the purposes of the Notice is to provide potential lienors with information they will… Continue reading What If The Contractor, Rather Than The Owner, Signs a Notice of Commencement? Is the Notice Defective And, Therefore, Ineffective?

Understanding Mechanic’s Liens and Arbitration Provisions

James Hartnett and Rachel Osdoba | Faegre Drinker Biddle & Reath As construction companies continue to operate under the stresses of the COVID-19 pandemic and social unrest, projects are starting and stopping as a result. These interrupted schedules, along with our overall disrupted economy, can increase the risk of non-payment. What should you do if… Continue reading Understanding Mechanic’s Liens and Arbitration Provisions

Notice Your Lien or Kiss it Goodbye

Amandeep S. Kahlon and J. David Pugh | Buildsmart Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement action as one masonry supplier recently learned. In Timberwall Land & Masonry Products,… Continue reading Notice Your Lien or Kiss it Goodbye

Homeowners Beware of Construction Liens

Michael P. Beltran | Ansa Assuncao As many homeowners have decided to conduct overdue home improvement projects while they are spending more time at home, consumers need to be aware of Florida’s lien law. As a mandatory disclosure required in all contracts greater than $2,500 states: ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA… Continue reading Homeowners Beware of Construction Liens

California Mechanics’ Lien Case Treads Both Old and New Ground

Garret Murai | California Construction Law Blog People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a 10-plus year oral design and construction contract, inconsistent accounting practices, two mechanics liens, and side-agreements, takes us down some well traveled paths but… Continue reading California Mechanics’ Lien Case Treads Both Old and New Ground