Clarifying Mechanics’ Lien Law

Anthony Hassey | Spilman Thomas & Battle A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain a mechanics’ lien, a filing party… Continue reading Clarifying Mechanics’ Lien Law

Enforcing a Mechanic’s Lien in California? Don’t Waive Your Right to Arbitrate the Dispute

Jeff Brown | Thompson Coburn LLP | June 12, 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 lien.… Continue reading Enforcing a Mechanic’s Lien in California? Don’t Waive Your Right to Arbitrate the Dispute

The Perils of Online Mechanic’s Lien Services

John R. Lockard | Vandeventer Black LLP | November 16, 2017 There are several online services that prepare and file mechanic’s liens in jurisdictions throughout the United States. I recently had the opportunity to review a memorandum for mechanic’s lien that was prepared by one of these services and filed in a local Virginia court.… Continue reading The Perils of Online Mechanic’s Lien Services

Court Rejects Contractor’s Mechanic’s Lien Because Of ‘Intent’

David A. Dick | Thompson Coburn LLP | December 2, 2016 The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as opposed to a lease. The appeal in AUI Construction Group addressed… Continue reading Court Rejects Contractor’s Mechanic’s Lien Because Of ‘Intent’

New Tool for Illinois Property Owners and Lenders to Remove Mechanics Liens

William J. Dorsey and Daniel J. Elrod | Katten Muchin Rosenman LLP | January 15, 2016 Introduction The Illinois Mechanics Lien Act has long served as a powerful collection mechanism for Illinois contractors and material suppliers that provide labour or materials for the construction of improvements to real property.(1) The act permits them not only… Continue reading New Tool for Illinois Property Owners and Lenders to Remove Mechanics Liens

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