Monthly Archives: January 2014


Tennessee Mechanics Lien Requirements

In Tennessee, liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. When a Tennessee 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 Tennessee 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).
All persons providing labor or materials for the construction, repair, or improvement or removal of any permanent building or structure next to real estate is entitled to a Tennessee mechanics’ lien . In Tennessee, architects and engineers are entitled to mechanics’ lien rights.
In Tennessee, a contractor in direct contractual privity with the owner has no pre-lien notice requirements. However, subcontractors have various pre-lien notice requirements. Subcontractor pre-lien notice requirements are as follows: a notice of intent to file a lien must be filed within 90 days of the completion of the improvement or 90 days after completion of the contract in order to preserve ones lien rights. In addition, except for residential property, a notice of nonpayment must be provided to the owner and general contractor within 90 days of the last day of the month within which the subcontractor’s labor and materials were provided. Failure to provide this notice of nonpayment will extinguish any potential Tennessee Mechanics Lien rights. Subcontractors are required to give a separate pre-lien notice for each month within which unpaid services or supplies were provided.              

Those with direct contractual privity with the owner have 1 year from their last date of work file a Tennessee mechanics lien; subcontractors have 90 days from their last date of work to file a Tennessee mechanics lien.

To view more information about Tennessee Mechanic Lien requirements, please visit: LienItNow

Kentucky College Proposes New student Construction Fee

According to Kentucky.com, the Kentucky Community and Technical College System is hoping to initiate a student fee for its proposed construction projects throughout its 16 colleges statewide.  The proposed construction amount is $145 million .  This mandatory student fee would be the first time its being enacted in the college’s 17-year history.

The fee would pay for the issuance of a bond that will cover payment of 75% for each project.  The college will be responsible for the other 25%, totaling a total of $49 million.

The project involves the renovation and expansion at the 16 sites statewide.

California’s Mechanic Lien Requirements

In California, liens filed on private property are known as Mechanic’s Liens. When a California 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 most circumstances, California does not allow mechanics liens to be filed on government owned property.  However, nearly every project on government owned project is required to have a payment bond in place to protect subcontractors and suppliers. Filing a claim against the payment bond secures your claim for money in a way that is similar to filing a lien claim. In addition to the payment bond, stop notices may also be filed.  Both bond claims and stop notices are discussed in more detail below.

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

Within 20 days of the commencement of work on the property, subcontractors and suppliers should provide written notice to the owner, the general contractor and the construction lender that they are performing work on the property. If the notice is served late, then the claimant can claim a California construction lien for the value of the labor or materials provided in the 20 days preceding the service of the notice and thereafter.

Prime contractors must file a California claim of lien within 60 days after a notice of completion or notice of cessation is recorded, or if no recording of completion or cessation is accomplished, within 90 days after the completion of the work of improvement. Subcontractors and materialmen must file a California claim of lien within 30 days after a notice of completion or notice of cessation is recorded, or if no recording of completion or cessation is accomplished, within 90 days after the completion of the work of improvement.

Construction at Texas Tech University

According to the Daily Toreador, Texas Tech University is continuing construction to improve the school in multiple ways according to their 2020 plan. 

The objectives that are sought out in the plan are for new student-housing, labs and research facilities. 

The new student housing will be the larger portion of the project, consisting of $54.8 million of the budget.  The new complex will consist of  61 one-bedroom units, 47 two-bedroom units and 75 four-bedroom units that are anticipated to be finished Aug. 15.  This new complex will primarily be available for graduate and upperclassmen students.

The second phase of the project encompasses a new Petroleum Engineering lab and research building incurring a cost of $22.8 million.  This building will include state-of-the-art equipment and is set to be finished Feb. 14th.

The last phase of the project is to upgrade Biology and College of Human Science buildings which will incur just under $20 million of the budget. 
 

North Dakota Lien Requirements

Liens filed on private property or on funds relating to a public project are known as North Dakota Mechanic’s Liens. When a North Dakota 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  North Dakota 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 North Dakota mechanics lien.
North Dakota has preliminary notice requirements. No claimant is entitled to a North Dakota mechanics lien unless it first serves written notice upon the owner, informing him that if payment is not made on the lien claimant’s account within 15 days of mailing, a North Dakota mechanics lien will be perfected. The notice must be recorded.

North Dakota mechanics’ liens on private property must be filed within 90 days of the last date the lienor provided materials or services to the Project. However, North Dakota lien rights are not lost if the time frame is not met except against bona fide purchasers for value.

Minnesota’s New Proposed Construction

According to Twincities.com, the Governor Mark Dayton of  Minnesota has planned for $986 million of state funding to be used for construction projects ranging from civic center upgrades to college campuses.

Dayton proposed his wish list to the Legislature.  The larger projects on the list are needed to pass because they involve the state borrowing for the necessary funding.  The largest project on the list is the restoration of the state Capitol with a cost of $126 million, with the largest category being higher education consuming $233 million of the proposed plan. There are also projects on the list for local communities to improve facilities throughout. 

New York’s Mechanic Lien Requirements

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

 In New York, mechanics’ liens on private property must be filed within eight months of the last date the lienor provided materials or services to the Project.
New York mechanics’ liens with regard to public projects can be filed at any time before the completion and acceptance of a public improvement, but no later than 30 days following completion and acceptance by the state or the public corporation.
New York mechanics’ liens with regard to residential single family dwellings must be filed within four months after completion of the work.

For more information about Mechanic Liens, visit www.lienitnow.com