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?
Tag: Mechanics Lien Law
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
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
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
The Impact of the 2020 Tennessee Construction Legislation
D. Bryan Thomas and Kyle M. Doiron | Buildsmart After a number of controversial bills proposed from various industry groups over the last few years, the Tennessee construction community came together in 2020 to push through legislation intended to protect members of the construction industry. A cornerstone of that attempt was gaining lien priority –… Continue reading The Impact of the 2020 Tennessee Construction Legislation