Texas recently enacted several new statutes that govern waivers and releases of Texas mechanic’s and materialmen’s liens. Designed to protect suppliers, subcontractors and laborers, mechanics liens are statutorily created and provide a certain degree of protection for those who provide labor or materials to a project. When perfected, a statutory lien attaches to the property […]
Month: March 2012
construction lien, electronic filing of construction lien, electronic filing of mechanics lien, internet lien filing, mechanics lien, Utah Mechanics Lien
E-Shopping, E-Courts, E-filing, E-lated…But Mechanics Liens Aren’t So Easy!
A recent phone call from a frustrated client of LienItNow.com who had to file their mechanics lien that same day inevitably led to the question: “Why can’t you just file the lien electronically?” The answer is enmeshed in a network of statutes, laws, codes and regulations contained in each of the 50 States of our […]
California Construction Lien, California Mechanics Lien, construction contract clauses, new york construction lien, new york mechanics lien, pay-if-paid clauses, pay-when-paid clauses
Pay if Paid v. Pay When Paid Clauses – Which is Which and Who Cares?
Over the last four years we’ve all had to deal with the funding crashes that followed the 2008 financial crisis. In those four years, many have also learned the difference between pay-if-paid clauses and pay-when-paid clauses. But what is the difference between the two, when should each one be used, and why should it matter […]
florida construction law, Florida Construction Lien, florida licensure requirements, Florida Mechanics Lien, Miami construction requirements, Miami contractor
Florida “Hard and Fast” Rule on Unlicensed Subcontractors Suing Gets a Little Softer
There’s a strange thing about the law: even when it seems like a bright line rule is established by a court, or a statute appears to provide a hard and fast rule, there can always be circumstances that make a judge think twice about applying those rules as harshly as intended. If the law is […]
montana construction lien, montana lienor priority, montana mechanics lien, montana mechanics lien case law
Montana Priorities Favor Lienors – Montana Mechanics Lien Held Valid
Yesterday we posted a blog about the Nevada Supreme Court’s ruling on priority of Nevada Mechanics liens over mortgages in situations where a bank has actual knowledge that a contractor commenced work, but there is no “visible” work being performed on the property. In that case, the Nevada court ruled that actual knowledge of work […]