Residential Construction Protection Makes Its Way Into Oregon Lien Law

Just a reminder that Oregon’s construction lien law was amended with two fairly important changes. Both amendments relate to Oregon residential construction liens.  When entering into a contract with a homeowner, Oregon prohibits the owner from waiving its protection from potential claims of Oregon Mechanics liens. Oregon also has added a clause to the law that prohibits unlicensed subcontractors, or those supplying materials, equipment […]

North Carolina Court Holds that Waivers Affect Mechanics Lien Rights

Be careful when signing waivers: they do exactly what they say they do: they can waive your rights to money and the right to file a mechanics lien. In Wachovia Bank v. Superior Construction Corporation the court found that a waiver submitted in connection with a progress payment waived rights to make North Carolina mechanics lien claims […]

Utah Amends Laws to Protect Contrators and Subcontractors

Utah’s mechanics lien law was amended to take into account the rising number of bankruptcies. It is wise to be mindful of implications bankrupcty may have on the filing of a construction lien; or the implications the filing of a construction lien may have on a decision to file for bankrupcty. The mechanics lien laws have potential impact on how a […]

Looney Insurance Case Pays Off

When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island Park Apartments in 1996, it probably wasn’t thinking of insurance coverage law.  But, it appears likely that Looney’s attorneys brushed up on the topic in 2007 before filing suit against Steve Bryan and his affiliated building companies (Bryan) for infringement […]

For Tennessee Mechanics Lien Filing: One Project, Multiple Properties, Equals Multiple Liens

All materialmen must comply with the Tennessee Mechanics and Materialmens Lien Act, Tenn. Code Ann. §66-11-101 et seq. The requirements of the Tennessee Mechanics and Materialmens Lien Act must be followed in order for any lien claimant to have a valid mechanics or materialmens lien. In some cases, multiple mechanics liens may be required even […]