Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently discussed an owner’s remedies (and some limits to those remedies) when a contractor improperly records a mechanic’s lien. According to the court’s analysis, the owner’s primary remedy will generally be removal of the offending lien. Seeking damages, on the other hand, can backfire… Continue reading California Court of Appeal Addresses Remedies When Contractor Records Invalid Mechanic’s Lien
Tag: california
If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable?
William L. Porter | Porter Law Group In general, the answer to the above questions is “Yes”, but only if you meet the following requirements: You must only release the mechanics lien itself, but not the “right” to a mechanics lien: There is an important distinction to be made between releasing a mechanics lien and… Continue reading If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable?
California Precludes Surety From Asserting Pay-When-Paid Provision As Defense To Payment Bond Claim
Nicholas Korst | Ahlers Cressman & Sleight In a recent case in California, the Court of Appeals held that a surety who had issued a public works payment bond cannot rely on the “Pay-When-Paid” provision in the subcontract as a defense against the subcontractor’s claim against the payment bond.[1] The case was a public works… Continue reading California Precludes Surety From Asserting Pay-When-Paid Provision As Defense To Payment Bond Claim
Do Not Lose Your Mechanics Lien Right Through a Subordination Agreement
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
2021 California Construction Law Update
Garret Murai | California Construction Law Blog Elvis may have been about 60 years too early. This Christmas looks to be a truly Blue Christmas as the nation grapples with rising infection, hospitalization and death rates due to COVID. But there’s always 2021 to look forward to, which, of course, also means new laws impacting… Continue reading 2021 California Construction Law Update