William L. Porter | Porter Law Group If you are a member of the California construction industry you might know that the right of a contractor, subcontractor or supplier to record a mechanics lien to protect the right to payment is well protected by state law. In fact, our California Constitution, article XIV, Sec. 3 specifically elevates… Continue reading Do Not Lose Your Mechanics Lien Right Through a Subordination Agreement
Category: Mechanics Lien Rights
Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s
Christopher G. Hill | Construction Law Musings As any reader of this construction law blog knows, mechanic’s liens make up much of the discussion here at Construction Law Musings. A recent case out of Fairfax County, Virginia examined the question of whether contractual privity between the general contractor and owner of the property at issue is necessary. As… Continue reading Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s
Litigation Privilege Saves the Day for Mechanic’s Liens
Stephen M. Tye and Lawrence S. Zucker II | Haight Brown & Bonesteel In RGC Gaslamp v. Ehmcke Sheet Metal Co., the Fourth Appellate District held that a trial court properly granted an anti-SLAPP motion because the recording of a mechanic’s lien is protected by the litigation privilege. In RGC Gaslamp, subcontractor Ehmcke Sheet Metal Company (“Ehmcke”)… Continue reading Litigation Privilege Saves the Day for Mechanic’s Liens
Changes in the Law on Lien Waivers
Alan Paulk | Autry, Hall & Cook Among many things to look forward to in 2021, we can add a new lien law to the list. Effective January 1, 2021, Georgia’s Lien Statute will be modified so that lien waivers and releases are limited to “waivers and releases of lien and labor or material bond… Continue reading Changes in the Law on Lien Waivers
Equitable Lien Designed to Prevent Unjust Enrichment
David Adelstein | Florida Construction Legal Updates There are instances where a party does not have construction lien rights but, nevertheless, feels the need to pursue an equitable lien against the real property. No different than a construction lien, an action to enforce an equitable lien has a one-year limitations period if it arises from the “furnishing of labor,… Continue reading Equitable Lien Designed to Prevent Unjust Enrichment