Monthly Archives: December 2013


Ohio’s Mechanic Lien

In Ohio, liens filed on private property or on funds relating to a public project are known as Ohio mechanic’s liens. When an Ohio 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 an Ohio 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 an Ohio mechanics lien.

 Pre-lien notices are not required for contractors. Subcontractors, including those who contract with or supply to direct subcontractors, should file a Notice of Furnishing within 21 days after their first work in order to preserve their Ohio construction lien rights. The same is true on public improvements.

 An Ohio mechanics’ liens on private property is perfected by the filing of an affidavit for lien, which must be filed within 75 days from the date on which the last work was performed. A copy of the affidavit must be served on the owner within 30 days after the filing.
Ohio mechanics’ liens with regard to public projects must be filed within 120 days of the last labor, work or materials are furnished.

Kentucky’s Mechanic Lien

In Kentucky, liens filed on private property or on funds relating to a public project are known as Kentucky Mechanic’s Liens. When a Kentucky 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 Kentucky 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 Kentucky mechanics lien.

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

In some instances. All potential Kentucky mechanics lien claimants must serve a formal notice on the owner by regular mail within 7 days of the filing of the Kentucky construction lien statement. Additionally, lienors without written contracts with the owner must notify the owner in writing within 75 days of last work for contracts of $1,000 or less and within 120 days for contracts exceeding $1,000.00. When owner-occupied single or double family dwellings are involved, the notice to the owner must be within 45 days.

New Minnesota Multi-Purpose Stadium to be Built

According to Yahoo Finance, the Minnesota Sports facilities Authority and Minnesota Vikings have come to an agreement with Mortenson Construction to begin construction of a new multi-purpose facility that will be located in Minnesota replacing the Hubert H. Humphrey Metrodome located in downtown Minneapolis.

The new stadium will not only be the new home for the Minnesota Vikings, but will also have the capability of hosting multiple events such as concerts, conventions and other sports events like the Super Bowl and BCS National Championship games.

The Construction is scheduled for completion in July of 2016.  The 65,000 seat, 1.7 million square-foot stadium will cost $975 million to build.  It will have a complete transparent roof which will be the largest in the nation.

Construction of the stadium will require 4.3 million work hours and 7,500 tradespeople from 19 different trades and hundreds of local suppliers and subcontractors.

Alabama’s Mechanical Lien

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

Pre-notices are not required for contractors, but to maximize the enforceability of their liens, at the commencement of work on the property, subcontractors should provide written notice to the owner or the person having charge of the property that they are performing work on the property.  This preliminary notice should also be provided to the construction lender, if its identity can be reasonably determined.  Material suppliers without a direct contract with the owner must file service of written notice of intent to claim an Alabama mechanics lien on the owner and construction lender before the supplied material is used in connection with the project.
For subcontractors and sub-subcontractors, a written notice of intent to file an Alabama mechanics lien must be served on the Owner and construction lender within four months of the last date the lienor provided materials or services to the Project. Subcontractors, sub-subcontractors and suppliers without a direct contract with the owner must then file a verified statement of lien within four months after the last date the lienor provided materials or services to the Project. Contractors need to file a verified statement of lien within six months after the last date the lienor provided materials or services to the Project. Laborers must file a verified statement of lien within 30 days after the last item of work has been furnished.

Suit Filed for Abandon Construction Project

According to The West Virginia Record, a suit was filed in the Hancock County Circuit Court against a construction company for breach of contract and negligence.

William E. and Prudence G. Dziatkowicz are the plaintiffs filing against Vince Bruno Construction, LLC and Vincent Michael Bruno,the defendants, due to a contract in 2011 to build a house in Weirton for $248,000.

According to the plaintiffs, the defendants abandoned the project after numerous mistakes were made with the construction of the building.  The plaintiffs claimed to have paid the defendants all the required payments up-to-date, except for withholding a payment of $19,860.  The defendants also owe a lumber company, which filed a lien against the property and suit against the plaintiffs.

The plaintiffs are seeking more that $355,000 for damages.