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
Tag: mechanics lien
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
Mechanic’s Liens: Does my Work Qualify?
Joshua A. Bennett – May 16, 2014 An unpaid contractor has many choices when the promised check doesn’t arrive. One of those choices is whether or not to file a mechanic’s lien. A mechanic’s lien is a statutory mortgage to secure payment of work performed or materials furnished in the erection, alteration, or repair of… Continue reading Mechanic’s Liens: Does my Work Qualify?
Developer’s Subdivision Project for County Deemed Private Work of Improvement for Purposes of Subcontractor’s Claim, Extending Subcontractor’s Statute of Limitation
Itemization of Mechanic’s Lien not Necessary Where Construction Contract Apprised Owner of Lienor’s Claim
Jose A. Aquino – February 18, 2014 New York Lien Law § 38 states that the holder of a mechanic’s lien “shall, on demand in writing, deliver to the owner or contractor making such demand a statement in writing which shall set forth the items of labor and/or material and the value thereof which make… Continue reading Itemization of Mechanic’s Lien not Necessary Where Construction Contract Apprised Owner of Lienor’s Claim