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

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?

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

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