Creighton Dixon, Jeffrey Porter and Lynsie Zona | Snell & Wilmer In Fidelity National v. Osborn III Partners LLC, the Arizona Supreme Court recently decided the question of whether mechanics’ liens filed by a general contractor are a construction lender’s “own darn fault” if the liens result in part from the lender discontinuing advances of loan… Continue reading Coverage Construction: Arizona Supreme Court’s Osborn III Opinion
Category: Mechanics Lien Rights
Filing Motion to Increase Lien Transfer Bond (Before Trial Court Loses Jurisdiction Over Final Judgment)
David Adelstein | Florida Construction Legal Updates If a construction lien is recorded against real property, the lien can be transferred to a lien transfer bond. This transfers the security or collateral of the construction lien from the real property to the lien transfer bond. The lien transfer bond can be a bond posted by a surety company… Continue reading Filing Motion to Increase Lien Transfer Bond (Before Trial Court Loses Jurisdiction Over Final Judgment)
Failing to Release A Mechanics Lien Can Destroy Your Construction Business
William L. Porter | Porter Law Group Is the title to this article possibly true? Yes, absolutely! I have seen it happen. Let me tell you how it happens so you can avoid such a result. When contractors, subcontractors or suppliers in California construction projects are not paid they often record a mechanics lien on… Continue reading Failing to Release A Mechanics Lien Can Destroy Your Construction Business
Huh? Action on Construction Lien “Relates Back” Despite Notice of Contest of Lien
David Adelstein | Florida Construction Legal Updates Not every case law you read makes sense. This sentiment goes to the uncertainty and grey area of certain legal issues. It is, what you call, “the nature of the beast.” You will read cases that make you say “HUH?!?” This is why you want to work with… Continue reading Huh? Action on Construction Lien “Relates Back” Despite Notice of Contest of Lien
Lien Waivers and Releases of Claims: Be Careful Not to Sign Away Your Rights!
Jackson S. Nichols and Jake B. Mitchell | Construction Law Now Blog Most commercial contractors are familiar with construction lien waivers (also called lien releases). Typically, there are two types: partial and final lien waivers. Standard industry practice requires contractors to submit executed partial lien waivers on a regular (usually monthly) basis with their payment… Continue reading Lien Waivers and Releases of Claims: Be Careful Not to Sign Away Your Rights!