Christopher G. Hill | Construction Law Musings For those of you familiar with Construction Law Musings, you are aware of my affinity and discussion of those powerful but tricky collection tools: mechanic’s liens. You have heard me tout their ability to secure payment when a contractor or subcontractor has not been paid on a construction project (even… Continue reading Are Mechanic’s Liens the Be All End All of Construction Collections?
Tag: Mechanics Liens
Revisiting The Intricacies Of Lien Law § 38
Jose A. Aquino | Duane Morris In the realm of construction law, disputes over the enforcement and validity of mechanic’s liens are fairly common. The recent case of 176 Washington Park LLC v. Empire Core Group LLC, 2024 N.Y. Slip Op. 50906(U) (Sup. Ct., NY Co., June 21, 2024), serves as a classic illustration of the… Continue reading Revisiting The Intricacies Of Lien Law § 38
Mastering Construction Liens: Strategies for Getting Paid (Part 1)
Taylor M. Hayes and J. Daniel Weidner | Koley Jessen Here is the situation: you are a contractor who entered into a contract to construct a building, you have performed your scope of work but you have not been paid what you are owed. You filed a construction lien on the property, but how does… Continue reading Mastering Construction Liens: Strategies for Getting Paid (Part 1)
A Brief Primer on Perfecting Your Mechanics Lien When the Property Owner Files Bankruptcy
William L. Porter | Porter Law Group Overview of the Mechanics Lien Law This is a brief description of steps to be taken when the Owner of property on which you have recorded a mechanics lien files bankruptcy. The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment… Continue reading A Brief Primer on Perfecting Your Mechanics Lien When the Property Owner Files Bankruptcy
Unjust Enrichment: The Subcontractor’s Claim Against the Owner When the General Contractor is “Unavailable for Judgment”
Melissa Jones | Frantz Ward Non-payment: the dreaded issue all subcontractors face. Tools, such as payment bond, prompt pay and mechanic’s lien rights and claims, can help secure payment. Additionally, Ohio, unlike most other states, also permits a subcontractor to look to an owner for payment under a theory of unjust enrichment, even if the… Continue reading Unjust Enrichment: The Subcontractor’s Claim Against the Owner When the General Contractor is “Unavailable for Judgment”