Christopher G. Hill | Construction Law Musings Remember that case where “substantial compliance” was enough for the proper enforcement of your mechanic’s lien rights? Remember how I said maybe it was an outlier? Remember how the Virginia General Assembly modified the statute and the statutory forms to account for the ambiguity discussed in the Desai case? Remember how Virginia mechanic’s… Continue reading Maybe Close Enough Still Counts with Mechanic’s Liens?
Category: Mechanics Lien Law
Lien Rights: Remedies for Potential Issues on the Project
Amandeep S. Kahlon | Bradley Arant Boult Cummings Liens are one of the primary tools for the construction industry to secure payment claims. However, lien rights and remedies vary between states, and these distinctions are often difficult for owners, contractors, and subcontractors to navigate. Because many states apply lien laws strictly—meaning technical non-compliance can result… Continue reading Lien Rights: Remedies for Potential Issues on the Project
An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?
Virginia Trunkes | Construction Law Zone A subcontractor has liened the property even though the owner has paid in full for its work. The general contractor has disappeared. What should an owner do next? And will its attorneys’ fees be recoverable? In New York, a mechanic’s lien, although filed in the county clerk’s office on… Continue reading An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?
Circumstances in Which Design Professional has Construction Lien Rights
David Adelstein | Florida Construction Legal Updates If you are a design professional (architect, landscape architect, interior designer, engineer, surveyor, or mapper) you have construction lien rights in the event you are not paid. This does not mean your lien rights are absolute so it is important to understand the circumstances which allow you to record a construction lien… Continue reading Circumstances in Which Design Professional has Construction Lien Rights
Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Robert G. Campbell and Trevor B. Potter | Construction Executive There may be tension between the enforcement of statutory mechanic’s lien claims when a contractual dispute resolution provision calls for arbitration. Once the parties are in arbitration, it may not be clear whether the arbitrator has authority to make factual determinations regarding amount and validity… Continue reading Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens