Christian Dewhurst and Timothy Fandrey | Gray Reed In these unprecedented times, every bit of revenue is critical to the continued operation of nearly every business operating within the construction industry. Fortunately, there are a myriad of remedies to aide collection efforts. Perhaps the most commonly discussed remedy is the mechanic’s lien provided by Chapter 53… Continue reading Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool
Tag: Mechanics Liens
Litigation Privilege Saves the Day for Mechanic’s Liens
Stephen M. Tye and Lawrence S. Zucker II | Haight Brown & Bonesteel In RGC Gaslamp v. Ehmcke Sheet Metal Co., the Fourth Appellate District held that a trial court properly granted an anti-SLAPP motion because the recording of a mechanic’s lien is protected by the litigation privilege. In RGC Gaslamp, subcontractor Ehmcke Sheet Metal Company (“Ehmcke”)… Continue reading Litigation Privilege Saves the Day for Mechanic’s Liens
When Does a Mechanic’s Lien Go Into Effect?
Kent B. Scott | Babcock Scott & Babcock The Utah Mechanic’s Liens Act needed some clarification on when exactly a mechanic’s lien goes into effect. That clarification came in February 2015 from the Court of Appeals of Utah. In the case Pentalon Construction, Inc. v. Rymark Properties, LLC the court ruled that “nearly completed excavation… Continue reading When Does a Mechanic’s Lien Go Into Effect?
Georgia Legislature Significantly Changes Effect and Requirements for Lien Waivers
S. Gregory Joy | Smith Currie Both Houses of the Georgia Legislature have approved Senate Bill 315, which is designed to change the outcome of a 2019 Georgia Court of Appeals decision that interpreted the existing law in a way that surprised and alarmed many construction industry participants. Presuming the Bill is not vetoed by Governor… Continue reading Georgia Legislature Significantly Changes Effect and Requirements for Lien Waivers
California Mechanics’ Lien Case Treads Both Old and New Ground
Garret Murai | California Construction Law Blog People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a 10-plus year oral design and construction contract, inconsistent accounting practices, two mechanics liens, and side-agreements, takes us down some well traveled paths but… Continue reading California Mechanics’ Lien Case Treads Both Old and New Ground