Jonathan Freiberger | Freiberger Haber As discussed in our recent article “Mechanics’ Liens and Discharge Bonds,” mechanics’ liens are powerful tools available to, inter alia, contractors, laborers, and materialmen when they are not paid for their work in improving real property. As the Court of Appeals noted long ago: The object and purpose of the… Continue reading How Much Can A Subcontractor Collect on Its Mechanics’ Lien?
Tag: Mechanics Lien Law
A Brief History of Oregon’s Construction Lien Law
Sean Gay | Ahead of Schedule Like many modern American legal principles, the concept of the lien originated in England, where those who performed physical labor—so-called “mechanics”—were given a “charge” on the items upon which they worked. Shortly after the American Revolution, states and territories in the United States began enacting statutes giving builders lien… Continue reading A Brief History of Oregon’s Construction Lien Law
Serving Mechanics’ Liens on Out-of-State Owners: Certified Mail Over Hand Delivery is a Risky Bet Not Worth Taking
Daniel Michelmore | Tucker Arensberg The Pennsylvania Mechanics’ Lien Law is a highly technical statute with draconian consequences for noncompliance. Nowhere is this more apparent than in its provisions governing service of process. “Service requirements under Pennsylvania’s Mechanics’ Lien Law are strictly construed such that a complaint will be stricken if the statutory service requirements are not met.” Regency Invs., Inc. v.… Continue reading Serving Mechanics’ Liens on Out-of-State Owners: Certified Mail Over Hand Delivery is a Risky Bet Not Worth Taking
The Failure to Pursue a Construction Lien Does Not Create a “Gotcha” Arguement
David Adelstein | Florida Construction Legal Updates Just because a party does not pursue its lien rights, or waives it lien rights, or satisfies its lien, does NOT mean the party is foreclosed of its other rights, such as breach of contract or unjust enrichment. Florida’s Construction Lien Law even states that it is “cumulative to… Continue reading The Failure to Pursue a Construction Lien Does Not Create a “Gotcha” Arguement
Mechanic’s Liens and Contracts: A Roundup
Christopher G. Hill | Construction Law Musings Musings thought that it would step away from its discussion of “green” construction to discuss a few interesting construction cases that came down recently in the Commonwealth of Virginia. The first of these is another warning to contractors that arbitration provisions can be waived by conduct. In Shoosmith Bros.,… Continue reading Mechanic’s Liens and Contracts: A Roundup