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
Tag: Construction Lien
Don’t do this When it Comes to Construction Liens
David Adelstein | Florida Construction Legal Updates When it comes to preparing and recording a construction lien, this case is an example of what NOT TO DO! I mean it — this exemplifies what NOT TO DO! It is also a case study of why a party should always work with counsel in preparing a… Continue reading Don’t do this When it Comes to Construction Liens
Michigan Court of Appeals: Construction Lien Can’t Exceed Contract Value
Scott R. Murphy | Barnes & Thornburg | September 27, 2019 The Michigan Court of Appeals held that an arbitrator’s decision to award a contractor consequential damages on a construction lien claim warranted reversal even under the extremely narrow standard of review for arbitration awards. In reaching its decision, the court made the definitive ruling… Continue reading Michigan Court of Appeals: Construction Lien Can’t Exceed Contract Value
Alabama Supreme Court Clarifies Construction Lien Priority
Madeline Hughes and Stephen Pudner | Baker Donelson | September 17, 2019 The Alabama Supreme Court recently reinforced its policy of giving priority to construction lenders over materialmen in its holding in GHB Construction and Development Co., Inc. v. West Alabama Bank and Trust, 2019 WL 1416893 (Ala. 2019). GHB, a contractor, challenged the priority of… Continue reading Alabama Supreme Court Clarifies Construction Lien Priority
Oregon Court of Appeals Clarifies Timing Rule for Construction Liens
Blake Robinson | Davis Wright Tremaine | August 8, 2019 Under Oregon law, a contractor or subcontractor must file a construction lien within 75 days “after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction, whichever is earlier.” ORS 87.035(1). But when does the 75-day… Continue reading Oregon Court of Appeals Clarifies Timing Rule for Construction Liens