Anthony Hassey | Spilman Thomas & Battle A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain a mechanics’ lien, a filing party… Continue reading Clarifying Mechanics’ Lien Law
Category: Mechanics Lien Law
A Few Days Late, and Many Dollars Short: Utah Court Of Appeals Reminds That Statutory Deadlines Matter, and Provides Clarity On What Is Lienable Work In Utah
Mark Morris and Tyson Prisbrey | Snell & Wilmer Utah’s lien statute is intricate, unique, and oft amended by the legislature. And how Utah courts have interpreted the definitions and deadlines in the lien statute are frequent subjects of trial court best efforts and, inevitably, appellate opinions. Staying current on the lien statute and the… Continue reading A Few Days Late, and Many Dollars Short: Utah Court Of Appeals Reminds That Statutory Deadlines Matter, and Provides Clarity On What Is Lienable Work In Utah
Mastering Construction Liens: Strategies for Getting Paid (Part 1)
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)
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”