Monthly Archives: October 2013


Mississippi Mechanics Lien

In Mississippi, liens filed on private property are known as Mississippi construction liens or mechanics liens. When a Mississippi mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. In Mississippi there are no lien rights on public property.
In Mississippi, only those with a contract with the owner can file a Mississippi construction lien. First tier subcontractors and suppliers can file a stop notice, which requires the owner to hold back money from its contractor. It is inoperative if there is a bond on the project. Mississippi mechanics liens can include attorneys fees. There are no Mississippi mechanics lien rights for those providing rental equipment.

Mississippi mechanics lien Notices must be filed within 12 months from the time when the claim becomes due and payable.

Are pre-lien notices for a Mississippi mechanics’ lien Claim required?

No, but it is prudent for subcontractors to record their written contract in the Chancery Clerk’s office in the county where the project is located. This gives the owner actual or constructive notice that the subcontractor is a potential claimant. LienItNow.com will handle the recording of the contract for subcontractors for a fee of $50.00.

For more info on Mechanics Liens for Mississippi, visit this link

New Kroger Store Approved in Memphis

According to Bizjournal, the Memphis Shelby Country Board of Adjustment gave the go-ahead for construction of a new store to begin at the location of Union Ave. in midtown for Kroger.  The old store will be demolished for parking to accompany the new store location. 

The design is being led by The Pickering Firm, which has done many of the designs for Kroger in the past.  The new location is said to be about 74,000 square feet in size.  The demolition of the old store should begin within the next month.

New Mexico Mechanic’s Lien

In New Mexico, liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. New Mexico construction liens are defined as “a charge imposed upon specific property, by which it is made security for the performance of an act.”  The purpose of the New Mexico lien law is to protect those who, by providing labor, materials, skills, or services has changed the value of a property. When a New Mexico mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of the property.

 Every person performing labor upon, providing or hauling equipment, tools or machinery for, or furnishing materials for the construction of a Project.  Contractors, subcontractors, sub-subcontractors, architects, surveyors or builders can file New Mexico mechanics lien claims.
In New Mexico, no lien may be filed on public projects or publicly owned property. Contractors are required to obtain bonds on public works, and claims against the bond should be filed instead.

On commercial projects, a New Mexico preliminary notice is required if you do not have a contract with the owner or the original (prime) contractor.  In order to file a Stop Notice, New Mexico pre-lien notices are required on all types of projects, including residential and commercial projects.  The preliminary notice should be provided within 60 days of starting work or delivering materials on the Project.
For more information about placing a lien in New Mexico, visit http://www.lienitnow.com/new-mexico-faq.asp

Commerce Department Report for Chicago Construction

According to the Chicago Tribune, the Commerce Department reported that in the month of July construction spending grew over 0.6 percent , rising to the highest level in 4 years.

Construction spending increased to an adjusted annual rate of $915 billion, with an increase of 7.1 percent above the previous August, which was led by private residential building.  This improvement in the construction industry is due to the housing recovery over the last year.  Lodging construction also had solid growth in the month of August.

To view more information about this article, visit the Chicago Tribune page.

 

Rhode Island Mechanics Lien

In Rhode Island, a mechanics’ lien is known as a Notice of Intention to Do Work or Furnish Materials. When a Rhode Island mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a Rhode Island construction lien.
In Rhode Island pre-lien notices are not required prior to filing a Rhode Island construction lien claim.

Rhode Island mechanics’ liens on private property must be filed within 200 days of the last date the lienor provided materials or services to the Project.

LienItNow.com prepares, files and serves Rhode Island mechanics’ liens for a fee of $280.00.
For more information on mechanics liens for Rhode Island, visit our web page at: http://www.lienitnow.com/rhode-island-faq.asp

New Medical Building for Universtiy of Buffalo

According to NBCnews, The University of Buffalo has officially gone underway with the new construction for a medical school.  The new facility will be located on the Buffalo Niagara Medical Campus and is estimated to cost around $375 million.  The project is expected to be completed in 2016.

Iowa’s Mechanics Lien

In Iowa , liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. When an Iowa mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. Iowa construction liens do not attach to publicly owned property in Iowa . If title to the land is held by the state or a political subdivision thereof, no mechanics’ lien right is afforded. Projects performed by industrial development boards, however, are not considered publicly owned property, and therefore an Iowa mechanics’ lien can be filed on industrial development board property.

Contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file an Iowa construction lien. If a company supplies material to a material supplier, they are not eligible to file an Iowa mechanics lien claim.

In order to preserve their lien rights on residential projects, general contractors, or those who have a direct contract with the Owner, must file a “Notice of Commencement” within 10 days of commencement of work on the property. To maximize the enforceability of their Iowa mechanics liens, at the commencement of work on a residential property, subcontractors need to file a preliminary notice. A mechanics lien cannot be filed on residential property unless a prelien notice has been filed. If the general contractor or other person who has a direct contract with the owner has not posted the “Notice of Commencement of Work” before the subcontractor needs to file its Preliminary Notice, then the subcontractor must do so in addition to the Preliminary Notice. For commercial work, anyone performing work for a subcontractor must post a preliminary notice within 30 days from commencement of the work or delivery of materials.

Unless the property is a residential property, Iowa construction liens can be filed without a pre-lien notice. Preliminary notices or a Notice of Commencement of Work is required for all residential properties. Persons or companies supplying labor or materials to a subcontractor on a commercial property must file a prelien notice within 30 days from the date of commencement or delivery of materials.

Montana Mechanics Lien

In Montana, liens filed on private property or on funds relating to a public project are known as Montana Construction Liens or mechanics liens. When a Montana mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. When a Montana mechanics lien is filed with regard to work performed on a publicly or government owned property, it attaches to the fund of money which the public agency has allocated for a project. The reason for this is that you cannot force the sale of publicly owned land (public agencies mean any county, city, town, township, public commission, public board or other municipality authorized by law to make contracts for the making of any public improvement in any city, town, township or other municipality).

Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a Montana mechanics lien.

Pre-lien notices are not required for contractors who have direct contracts with the owner, wage earners, on projects relating to dwellings of 5 or more families or on commercial projects. For residential projects, subcontractors and suppliers must give notice no later than 20 days after the date on which services or materials are first furnished. That period is extended to 45 days on residential projects where funding is provided by a bank and secured by a lien, mortgage or encumbrance, unless it is owner-occupied.

Montana mechanics’ liens on private property must be filed within 90 days of the last date the lienor provided materials or services to the Project or from the filing of a notice of completion.

Baltimore’s Ready to Reduce Vacant Properties

According to the Los Angeles Times, Baltimore has many challenges with-in their city’s limits, but one of the greater challenges they have is an effort in trying to reduce the amount of vacant properties throughout the city.  As of now, they have an estimated 16,000 vacant properties, which comes out to about 1 in every 8th home being vacant. This issue with-holds the city from growing their population due to an increase in criminal activity, keeping city funds down. 

The city is on the cusp of providing $1 billion in capital support to help resolve the issue at hand.  One of the first steps they’re is for all the vacant homes to be demolished, since most of them are beyond a rehabilitative state for being repaired.

The plan also calls for improvement of their public school systems in hopes of attracting more families to the area. 
 
For more information about this article, click on this link: Los Angeles Times

Lien Filed by EOP Architects of Lexington

According to Kentucky.com, the CentrePointe project in downtown Lexington still owes EOP Architects more than $430,000 for their services.  According to files with Fayette County Clerk, EOP filed a lien against CentrePointe in the amount of $432,789.56 on Thursday.  The company withdrew from the project in August and unfortunately had to resort to placing a lien against the property.

The entire project consisted of a hotel, apartments, an office building, and retail space the size of an entire city block, as well as a restaurant. 

To read more about this story, visit this link at Kentucky.com,