Tag: Mechanics Lien Law

California Court Holds Mechanic’s Lien Claimants Entitled to Pre-Judgment Interest of 7 Percent, Not 10 Percent, Against Non-Contracting Property Owners

Traub Lieberman Straus & Shrewsberry LLP | November 20, 2014 Under California Civil Code (CC) Section 3289, a mechanic’s lien claimant may obtain pre-judgment interest against contracting property owners calculated at 10 percent per annum from the date of breach.  In Palomar Grading & Paving, Inc. v. Wells Fargo Bank, N.A., et al. (2014) 230… Continue reading California Court Holds Mechanic’s Lien Claimants Entitled to Pre-Judgment Interest of 7 Percent, Not 10 Percent, Against Non-Contracting Property Owners

Illinois Court Throws Down Hammer on Contractor’s Ability to Recover Fees

Thomas G. Cronin – May 21, 2014 The Illinois Appellate Court recently affirmed summary judgment against a contractor on the validity of its mechanic’s lien, finding that the contractor failed to comply with a simple — but costly — requirement provided for under the Illinois Mechanics Lien Act (770 ILCS 60/1 et seq. (West 2004)).… Continue reading Illinois Court Throws Down Hammer on Contractor’s Ability to Recover Fees

Florida Construction Liens: Qualifying As A “Materialman” Under Florida’s Construction Lien Law

W. Mason – March 17, 2014 Under Florida’s Construction Lien Law, a “materialman” is a person who furnishes materials under contract to the owner, contractor, subcontractor, or sub-subcontractor on the site of the improvement or for direct delivery to the site of the improvement. A materialman may deliver specially fabricated materials off the site of… Continue reading Florida Construction Liens: Qualifying As A “Materialman” Under Florida’s Construction Lien Law

Lien Equals Security Interest, but Lien Does Not Equal Proof of Amount Due

Stanley A. Martin – November 20, 2013 A lien claimant has learned the hard way that proof of the amount due must be established at trial, and one cannot simply rely on the existence of the lien claim to prove what is due.  Absent the necessary proof, the lien will be dismissed. Mechanic’s liens are… Continue reading Lien Equals Security Interest, but Lien Does Not Equal Proof of Amount Due