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
Tag: Mechanics Liens
Keep Your Construction Claims Alive in Crazy Economic Times
Christopher G. Hill | Construction Law Musings Coronavirus is dominating the news. Construction in Virginia is facing what is at best an uncertain future and at worst a series of large scale shutdowns due to COVID-19. The number of cases seem to grow almost exponentially on a daily basis while states and the federal government try and… Continue reading Keep Your Construction Claims Alive in Crazy Economic Times
Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Robert G. Campbell and Trevor B. Potter | Construction Executive There may be tension between the enforcement of statutory mechanic’s lien claims when a contractual dispute resolution provision calls for arbitration. Once the parties are in arbitration, it may not be clear whether the arbitrator has authority to make factual determinations regarding amount and validity… Continue reading Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Condominium Mechanic’s Liens
R. Thomas Dunn | Pierce Atwood | October 29, 2019 Mechanic’s lien claims are complex in that each state’s statutes differ dramatically. There are certain unique issues when a contractor seeks to commence a mechanic’s lien proceeding for improvements made to a condominium. What did you improve? When assessing your rights under the applicable mechanic’s… Continue reading Condominium Mechanic’s Liens
Preliminary Notices: Common Avoidable But Fatal Mistakes
William L. Porter | Porter Law Group In the California building and construction industry, service of a “Preliminary Notice” is a prerequisite for Subcontractor and Supplier claims for payment through the Mechanics Lien, Stop Payment Notice and Payment Bond Claim process. Without proper drafting and service of a Preliminary Notice, these extremely valuable claims cannot… Continue reading Preliminary Notices: Common Avoidable But Fatal Mistakes