Jeffrey N. Brown | Thompson Coburn LLP | June 13, 2018 On June 6, 2018, the California Court of Appeal held that a contractor waived its right to arbitrate disputes because it recorded a mechanic’s lien and then didn’t follow California Code of Civil Procedure Section 1281.5 in its subsequent lawsuit to foreclose on the… Continue reading Enforcing A Mechanic’s Lien In California? Don’t Waive Your Right To Arbitrate The Dispute
Tag: Mechanics Lien Law
When Does a Mechanics’ Lien Effect?
Kent B. Scott | Babcock Scott & Babcock | March 30, 2018 The Utah Mechanic’s Liens Act needed some clarification on when exactly a mechanic’s lien goes into effect. That clarification came in February 2015 from the Court of Appeals of Utah. In the case Pentalon Construction, Inc. v. Rymark Properties, LLC the court ruled… Continue reading When Does a Mechanics’ Lien Effect?
A Promise to Pay Doesn’t Extend Lien Deadlines
Stan Martin | Commonsense Construction Law | January 24, 2018 Mechanic’s lien rights arise from the laws of each state; there is no common-law right to unilaterally lien someone else’s property. As such, compliance with statutory requirements and deadlines is paramount. Thus, when an owner promised to pay a sub, and the sub elected not… Continue reading A Promise to Pay Doesn’t Extend Lien Deadlines
Washington Supreme Court Upholds Rule That Property Owner and General Contractor Are Not Indispensable Parties in a Lien Foreclosure Action Against the Surety of the Lien Release Bond
Jennifer McMillan Beyerlein | Lane Powell | January 18, 2018 Today, the Washington Supreme Court has clarified any misunderstanding about the necessary parties in a mechanic’s lien foreclosure action when a lien release bond has been posted. In Inland Empire Dry Wall Supply Co. v. Western Surety Co., the Court upheld a divided Court of Appeals by… Continue reading Washington Supreme Court Upholds Rule That Property Owner and General Contractor Are Not Indispensable Parties in a Lien Foreclosure Action Against the Surety of the Lien Release Bond
Risky (Shifting) Business: Pay-if-Paid Provision Enforced to Subcontractor’s Detriment
Katherine e. Kohm | The Dispute Resolver | January 20, 2018 In Baker Concrete Const., Inc. v. A. Pappajohn Co., No. FSTCV166028187S, 2017 WL 4106383, at *1 (Conn. Super. Ct. 2017), at issue was the age-old dispute of non-payment for work performed. The Baker Court first recounted the direct avenues for collecting on a construction project when payment is not… Continue reading Risky (Shifting) Business: Pay-if-Paid Provision Enforced to Subcontractor’s Detriment