William L. Porter | Porter Law Group In the California building and construction industry, service of a “Preliminary Notice” is a prerequisite for Subcontractor and Supplier claims for payment through the Mechanics Lien, Stop Payment Notice and Payment Bond Claim process. Without proper drafting and service of a Preliminary Notice, these extremely valuable claims cannot… Continue reading Preliminary Notices: Common Avoidable But Fatal Mistakes
Category: Mechanics Lien Law
New Construction Lien Legislation In Tennessee
Kathryn K. Van Namen | Butler Snow | August 26, 2019 Changes to Remedies in Lien Enforcement Actions New legislation in Tennessee has limited the recovery of attorney’s fees, expenses, and actual and liquidated damages in instances where a real property owner seeks to enforce a lien. Public Chapter 142, signed by Governor Lee and… Continue reading New Construction Lien Legislation In Tennessee
Notice of Completion Determines Mechanics Lien Deadline
William L. Porter | Porter Law Group The California Mechanics Lien is one of the most valuable collection devices available to contractors, subcontractors and suppliers who are unpaid for work performed and materials supplied in relation to a California Private Works project. The mechanics lien allows the claimant to sell the property where the work… Continue reading Notice of Completion Determines Mechanics Lien Deadline
Oregon Court of Appeals Clarifies Timing Rule for Construction Liens
Blake Robinson | Davis Wright Tremaine | August 8, 2019 Under Oregon law, a contractor or subcontractor must file a construction lien within 75 days “after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction, whichever is earlier.” ORS 87.035(1). But when does the 75-day… Continue reading Oregon Court of Appeals Clarifies Timing Rule for Construction Liens
Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?
William L. Porter | Porter Law Group The “Notice of Non-Responsibility” is one of the most misunderstood and ineffectively used of all the legal tools available to property owners in California construction law. As a result, in most cases the answer to the above question is “No”, the posting and recording of a Notice of… Continue reading Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?