THIRD CIRCUIT COURT OF APPEALS ADDRESSES WHETHER CONSTRUCTION LIENS UNDER NEW JERSEY LAW VIOLATE THE BANKRUPTCY STAY The Third Circuit Court of Appeals on March 30, 2017 issued an opinion that two New Jersey construction suppliers who had filed liens violated the bankruptcy automatic stay. The construction liens, in typical fashion, had been filed by […]
Month: May 2017
montana construction lien, montana construction lien attorneys fees, montana construction lien foreclosure, montana lien foreclosure
Construction Lien Foreclosure and Attorneys Awarded by Montana Supreme Court
Construction Lien Foreclosures Permitted When Work is Substantially Complete In new Montana Construction Lien caselaw, the Montana Supreme Court provided clarity on when a construction lien can be foreclosed upon, and when a contractor is entitled to attorneys fees under Montana’s Construction Lien Law. One of the questions before the court was whether a contractor […]
nevada construction lien, nevada contractor liability increased, nevada lien revisions, nevada materialman's and mechanic's lien law
Nevada Proposes to Amend Mechanics’ and Materialmen’s Lien Law
NV Attempts to Strengthen Mechanic’s Lien Laws Several changes are pending with the Nevada Materialman’s and Mechanic’s Lien Law. The changes appear to be headed for confirmation by the end of the legislative session. The proposed amendments to the current lien law are outlined below. The changes severely increase the liability of contractors, while removing […]
NYC Courts Make Light of Partial and Final Lien Waivers
Sworn Partial and Final Lien Waivers Do Not Change Causes of Action A new decision issued by the Supreme Court of New York County casts new doubt on the efficacy of obtaining sworn partial and final lien waivers. Lien waivers have become a staple of the construction industry. Most contracts now require that, in order […]
Nuclear Disaster Results in Huge Mechanic’s Liens
Fallout of Westinghouse Bankruptcy Court records showed that on Friday, May 12, 2017, two more mechanics liens were filed in South Carolina and Georgia on Westinghouse owned nuclear facilities. One lien, in the amount of $6,676,498.47, was filed by Vigor Works, LLC, who performed work and provided materials for reactors. This lien was filed with […]