Christopher G. Hill | Construction Law Musings As those that read this construction law blog are aware, I am a big fan of mechanic’s liens as a way to get paid. These powerful and tricky beasts are a great way to get an owner’s attention and to put payment pressure on those that owe you money. Recently I was… Continue reading PSA: Getting the First Mechanic’s Lien on a Project is a Plus
Category: Mechanics Lien Rights
Virginia’s Mechanic’s Lien Plus Statute: Making Those in Higher Tiers Personally Liable Separate from and Regardless of Mechanic’s Lien Rights
Neil Lowenstein | Vandeventer Black Within Virginia’s mechanic’s lien article is a little known, and little used, mechanism providing for personal liability of higher tiers separate from that article’s mechanic’s lien rights. The title is “How owner or general contractor made personally liable to subcontractor, laborer or materialman.” It is actually a very simple process;… Continue reading Virginia’s Mechanic’s Lien Plus Statute: Making Those in Higher Tiers Personally Liable Separate from and Regardless of Mechanic’s Lien Rights
Maybe Close Enough Still Counts with Mechanic’s Liens?
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?
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?