Amy M. Anker, Esq. | Construction Chaos | December 10, 2014 In California, a general contractor can usually rest assured that in the event of nonpayment, it can rely upon the remedy of a mechanics lien, which remedy is, in fact, even a constitutional right. The priority rights accorded to mechanics liens are strong. For example,… Continue reading General Contractors Beware of Subordination Clauses
Tag: mechanics lien
Bankruptcy by the Developer/Owner: Mechanics Lien Rights may still Prevail!
John W. Kim | Nossaman LLP | October 24, 2014 The rate of bankruptcies among construction industry participants is higher than some think. The bankruptcy of a developer creates an “automatic stay” under federal law preventing almost all collection activities, including actions to perfect a lien. However, there are unique exceptions to the automatic stay… Continue reading Bankruptcy by the Developer/Owner: Mechanics Lien Rights may still Prevail!
Subcontractor Claims: What can you do once your General Contractor Files Bankruptcy?
Vicki R. Harding – Pepper Hamilton LLP – September 30, 2014 Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) – After a general contractor filed bankruptcy, several of its subcontractors requested clarification from the court about whether they could file notices post-petition to… Continue reading Subcontractor Claims: What can you do once your General Contractor Files Bankruptcy?
Liens With Intentionally Incorrect Information May Still Be Enforceable
Adam L. Gill and Jeffrey L. Hamera – Duane Morris – September 8, 2014 Generally, lien waivers that contain fraudulent information are not enforceable. However, not all intentionally misleading statements are fraudulent. The crux of the issue is whether a lien waiver simply states that the subcontractor has been paid a specific amount or whether… Continue reading Liens With Intentionally Incorrect Information May Still Be Enforceable
News for Contractors and Construction Lenders in Arizona and Nevada – The Contractors’ Lien May Trump the Bank’s
Roy Bash, G. Edgar James and Scott C. Ryan – Polsinelli – July 10, 2014 In addition to an arid climate and plenty of sunshine, Arizona and Nevada have something more to offer contractors: a potentially advantageous position over lenders when a project goes bad. When a project derails and everyone involved is looking to… Continue reading News for Contractors and Construction Lenders in Arizona and Nevada – The Contractors’ Lien May Trump the Bank’s