Nevada Supreme Court Decides Mechanics Lien Priority Issues

Priority issues relating to mechanics liens can be confusing, to say the least. While statutes generally address these issues, and courts attempt to clear up any ambiguities, new uncontemplated circumstances arise on a daily basis, resulting in in ever more confusion. In 2011, the Nevada Supreme Court tackled yet another of these novel issues, hearing […]

Ohio Court Permits Subcontratcor “Default Insurance” Instead of a Surety Bond

In State ex rel. American Subcontractors Ass’n, Inc. v. Ohio State University, 940 N.E. 2d 984 (Ohio 2011), the Ohio Supreme Court heard arguments on a pilot program – instituted pursuant to House Bill 318 – to test whether alternate methods of procuring public construction projects would increase efficiency and lower costs. In the case […]

Iowa Mechanics Lien 2011 Caselaw Roundup

In 2011, a few Iowa appellate decisions were decided involving Iowa mechanic’s liens. A synopsis of those holdings are below .  American Disaster Serv. v. Wagner (Iowa App. 2011): The Contractor prevailed against a homeowner. The district court enforced the contractor’s mechanic’s lien regarding work performed to remedy fire damage to a house. The court rejected the […]

California Mechanics Liens: The Nutshell Version

The internet is full of long explanations regarding mechanics liens.  From Wikipedia to About.com,  Once of the best explanations we’ve found (outside our own FAQs about California mechanics liens) is from the Sacramento County Public Law Library website.   Mechanics liens and their requirements are all laid out in an easy to understand format there. […]

Green Building Legal Issues – LEEDigation

The New York State Bar Association has an interesting new article in its February 2012 Journal about green building and legal issues arising from it. Entitled “Leedigation” – The Latest on Leed and Green Building Legal Issues, the article, written by Earl K. Cantwell, Esq., goes into depth about the Leed green building rating system […]