Potential Changes on the Horizon to Ohio Lien Law

Aaron Evenchik and Tara Rose | Hahn Loeser & Parks The Ohio General Assembly is considering a revision to Ohio private lien law to make it clearer when projects start and end and enable title to be clear on lien rights. Under 1311.04, a Notice of Commencement (NOC) is to be recorded before a project commences and… Continue reading Potential Changes on the Horizon to Ohio Lien Law

Lien Claims And The All-Important Lis Pendens

Samuel D. Gregory | Butler Snow There are specific statutory rules governing liens. In Mississippi, for example, construction liens must be filed within 90 days of when work was last performed or labor, material, or services were provided. Then, a payment action to enforce the lien must be filed within 180 days or else the… Continue reading Lien Claims And The All-Important Lis Pendens

Construction Contract Tip – Subcontractors, Don’t Waive Your Right to a Lien

Sam DeBaltzo | Tonkon Torp In the course of reviewing construction subcontracts, I’ve recently seen provisions similar to the following (simplified for convenience and confidentiality): “The subcontractor shall reimburse the [Contractor and/or Owner] for any costs and expenses for any claim, obligation, or lien that arises from the performance of the work.” “The subcontractor shall… Continue reading Construction Contract Tip – Subcontractors, Don’t Waive Your Right to a Lien

Lien Law Change in Idaho

Grace Maldanado | Gordon Rees Scully Mansukhani On July 1, 2022, the Idaho Legislature’s amendments to I.C. 45-507 came into effect. This statute regulates the steps and requirements to sustain a valid mechanics and materialmen lien. There were three changes to the statute: (1) clarification as to who may personally serve a notice of lien;… Continue reading Lien Law Change in Idaho

Mechanics’ Liens and Public Improvements: A Primer

Mark Evans and Christopher McCloskey | Bricker & Eckler Mechanics’ liens on public construction projects are a fact of life. Although they may seem familiar, it does not pay to regard them too casually. Mechanics’ liens are statutory creatures, and anyone dealing with them needs to follow the statutory procedure precisely to avoid undesirable consequences.… Continue reading Mechanics’ Liens and Public Improvements: A Primer