Monthly Archives: November 2013

Delaware’s Mechanic Lien

Liens filed on private property or on funds relating to a public project are known as Delaware mechanics’ liens . When a Delaware 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 who have a contract with an owner as well as subcontractors and suppliers who have a contract with a contractor can file a Delaware mechanics lien. Design professionals may also file Delaware mechanics liens.
Prior to filing a Delaware Mechanics Lien, a Notice of Intent to Lien should be served on the Owner.  While not required, it does often have the effect that a lien would have.
A contractor who (1) has contracted directly with the owner or reputed owner of a building and (2) has furnished both labor and material for such structure, must file its statement of claim not less than 90 nor more than 120 days following the completion of the structure. All other persons must file their statement of claim within 120 days from the last date they provided labor or materials for the Project.

New World Trade Center Building Named tallest in US

According to Yahoo News, one of the new World Trade Center buildings won a consolation prize for being the USA’s tallest building.  Due to a 408ft needle at the very top of the building,  including it into the total height measurement has been in question.

Tuesday of last week, the Council on Tall Buildings and Urban Habitat considered the needle to be apart of the building, making it stand as the tallest building in the U.S., just making it past the Sears Tower and another Sky Scraping apartment complex near Central Park.

With any other building, the needle would not factor into the buildings height.  In this occasion, the council decided to include the extra 408 feet since the building represents a significant event in U.S. history.

Washington Mechanics Lien

In the state of Washington, all contractors must be registered with the Department of Labor to enforce any potential lien rights and bond claims. Washington’s mechanics and materialmen’s lien laws provide contractors, subcontractors, suppliers, and professional service providers with Washington mechanics lien rights to protect their entitlement to payment on private construction projects. Under Washington law, a construction lien would not only encumber the owner’s interest in the property, but it is also possible to lien an owner’s construction financing. That would require the construction financing entity to withhold the amount of the mechanics lien from the owner’s construction draw downs until the construction lien is released.

Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a Washington mechanics lien. Architects, engineers, and surveyors can also file Washington mechanics lien claims. 

Under Washington law, prime contractors must provide all lower tier subcontractors and suppliers with a notice requirement containing certain information that is necessary for the filing of a Washington mechanics lien. A prime contractor’s failure to provide such notice will eliminate the notice requirement as a defense and subcontractors and lower tier suppliers will not have to comply with any pre-claim notice requirements. Thus, the prime contractor must disclose, by written notification or posting on the job site itself, key information that affords potential lien claimants the ability to file a Washington mechanics lien. Prime contractors and first tier subcontractors are not required to provide a notice of right to claim lien. Lower tier subcontractors/suppliers and professional service providers must provide a notice of right to claim a lien. On residential projects, the notice of right to claim lien must be provided within 10 days of the first performance of work or delivery of material or equipment. On private or commercial projects, this notice must be delivered within 60 days. Thereafter, the notice of right to claim lien must be recorded within 90 days of the claimant’s last date of work.

Those with direct contractual privity with the owner have 90 days to file a Washington mechanics lien claim; subcontractors have 90 days to do so.

To view more about Washington mechanics liens, visit our web page at:

Fort Hood to Be Demolished

According to ABC News, a military medical building, where 13 people were killed and more than 30 wounded, known as Fort Hood is set to be demolished.  The building has been fenced off ever since the egregious situation had occurred.  
Some of the individuals that have been affected personally by the act have said they would like the building to stand, as it is the final place of rest for the ones they knew.  Others have said that they would like a memorial to go up with trees, benches and bricks from the building after the site has been demolished.  
In the end of the day, we should show our respect by never forgetting.  Happy Veterans Day!!

Increased Housing Boom for Students at the University of Alabama

According to Yahoo News, the University of Alabama in recent years has seen a big boom in their student enrollment.  The increase in enrollment has led to massive expansion for student housing on the university’s premises.   As the Greek social life becomes more popular, the demand for  larger and improved Greek housing rises.
Over the past decade, the university has undergone $202 million in building construction for these Greek social groups, which in about 30 houses have been built.  The construction has been said to be financed by using public debt to provide loans, which are in-return being paid by private groups.
As more and more students enroll into colleges and universities, the demand improving and providing student housing will stay on the rise.

West Virginia Mechnics Lien Requirements

Liens filed on private property in West Virginia are known as mechanicsliens . When a West Virginia mechanics lien if filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

Contractors, subcontractors, sub-subcontractors and suppliers have West Virginia mechanics lien rights. Any person who, under a contract with a general contractor or a subcontractor for a part of the work, and who may furnish materials or other necessary supplies or equipment, shall have lien rights in the state of West Virginia. Architects, surveyors, engineers and landscape architects also have West Virginia mechanics lien rights.

There are no pre-lien notice or preliminary notice requirements in the state of West Virginia.
A West Virginia mechanics lien notice must be served upon an owner within 100 days of the furnishing of the last materials, work or services. The 100 day time requirement applies to suppliers as well.

To see more information about mechanics liens in the stat of West Virginia, check out our web page at:

Contractor Loses Construction Lien Rights for Job

According to the Home Builders Association of Greater Grand Rapids, a contractor who provided a substantial amount of improvements to a church construction job lost his lien rights due to a late sworn statement.  The sworn statement was provided after the start of litigation rather than before the engagement of litigation, which is stated in the requirements of the Michigan construction Lien Act.

The contractor did appeal the decision, but the appellate court stated that there was clear language stated in the act, which stated that a suit cannot be enforced until a sworn statement was provided.