Laura Martinez | Fairfield & Woods Under Colorado’s mechanics’ lien trust fund statute, CRS § 38-22-127 (trust fund statute or statute), a contractor who fails to pay its subcontractors, despite having been paid by the owner, can face criminal and civil liability. This article provides an overview of civil liability under the trust fund statute.… Continue reading Contractors’ Civil Liability Under Colorado’s Mechanics’ Lien Trust Fund Statute
Tag: Mechanics Liens
Contracting For Community Associations: Mechanic’s Liens
Johnathan Ebertshauser | CHBD Law When community associations engage a contractor to perform construction within the development, the contract between the association and the vendor will often reference the contractor’s right to record a lien against the association’s property. This is generally referred to as a “Mechanic’s Lien” and is governed by A.R.S. § 33-981 et seq. The Mechanic’s Lien gives… Continue reading Contracting For Community Associations: Mechanic’s Liens
Oral Contract and Invalid Lien Spell Trouble for Contractor
Jordan Weeks | Frantz Ward Speedy Maintenance, LLC v. Windsor Tower, LLC, 2024-Ohio-5841 (2d Dist.) is a recent case concerning a dispute over repairs to a parking garage where Ohio’s Second District Court of Appeals confronted issues such as: Case Background The Owner of a commercial building sought to renovate an attached, six-floor parking garage.… Continue reading Oral Contract and Invalid Lien Spell Trouble for Contractor
Contractors Must Provide Pre-Notice Disclosure Before Recording a Lien
Joseph Evans | Lasher Holzapfel Sperry & Ebberson Liens provide a means of recourse for contractors, subcontractors, and suppliers who have not been paid. In Washington, there are specific disclosure requirements that must be met before a licensed and registered contractor is able to record a valid mechanic’s lien for work performed on residential real… Continue reading Contractors Must Provide Pre-Notice Disclosure Before Recording a Lien
Mechanic’s Liens And Licensing Laws: Court Ruling Highlights Strict Enforcement
Jose A. Aquino | Duane Morris The recent decision by the Supreme Court, Appellate Division, Second Department, New York, in the case of Mikoma Electric, LLC, et al. v. Otek Builders, LLC, et al., emphasizes the importance of adhering to licensing requirements within the construction industry. The case revolves around a dispute where plaintiffs, Mikoma Electric, LLC… Continue reading Mechanic’s Liens And Licensing Laws: Court Ruling Highlights Strict Enforcement