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Podcast - Credit Funds: Make-Wholes and Cramdowns: Understanding the Recent Second Circuit Momentive Decision
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Construction Lien Law: What You Need to Know to Protect Your Company
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Use this guide as a reference when filing lien and bond claim notices for the month of August. Be sure to subscribe to the Texas Construction Law Blog to automatically receive our monthly lien and bond guides, as well as...more
Whether you’re a homeowner, contractor, or subcontractor working on a construction project in Massachusetts, it’s important to understand how mechanic’s liens work. This legal tool plays a key role in ensuring that those who...more
Use this guide as a reference when filing lien and bond claim notices for the month of July.Be sure to subscribe to the Texas Construction Law Blog to automatically receive our monthly lien and bond guides, as well as other...more
Use this guide as a reference when filing lien and bond claim notices for the month of June. Be sure to subscribe to the Texas Construction Law Blog to automatically receive our monthly lien and bond guides, as well as other...more
Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In...more
We invite you to attend a complimentary virtual event hosted by Procopio’s Construction & Infrastructure Law attorneys, along with guest industry experts, on Wednesday, October 16, 2024. This engaging half-day program will...more
From a practical business perspective, you can evade disaster, protect your payments from others’ financial shortages, and avoid the pitfalls of another’s bankruptcy—and still end up first—with a bit of knowledge, planning,...more
One of the most common protections for laborers, contractors, suppliers, and others providing construction services or materials for a project is the right to a lien against the project property for the value of the work...more
A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain...more
Washington’s construction lien statute, RCW 60.04, balances the interests of persons performing work to improve real property with the interests of property owners in avoiding the necessity of paying for the same work twice....more
Recently, the Oregon Court of Appeals reinstated a contractor’s mechanics lien claim notwithstanding the owner’s offer of payment because the offer was conditioned on the contractor signing a broad lien waiver that would have...more
Florida’s Construction Lien Law, F.S. 713.001 et seq., was recently amended and includes important changes effective October 1, 2023, about which contractors should know. The following is a brief summary of the changes for...more
Lien on Me – Florida Edition 2023 - Florida’s Construction Lien Law, F.S. 713.001 et seq., was recently amended and includes important changes effective October 1, 2023, about which contractors should know. The following is...more
Mechanic’s liens have long been a valuable tool for mechanics and materialmen in the Commonwealth to secure their rights to payment. Yet, despite mechanic’s liens having been in existence for well over a century, properly...more
Whether a construction contract contains a pay-if-paid clause and whether such clauses are enforceable are critical to determining a general contractor’s obligation to pay or not pay a subcontractor if the owner has not paid...more
Benjamin Franklin once said, "lost time is never found again". A recent case from the Alberta Court of King's Bench confirms the truth of this statement for any lienholder seeking to initiate a Statement of Claim past their...more
A construction lien is a legal mechanism that helps protect contractors, subcontractors, and suppliers (collectively the “Lien Claimant”) from non-payment for their work on a construction project. In Ontario, construction...more
In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down...more
Lien claims can pose serious challenges—and immense frustration—for any owner or developer of a private construction project, particularly for those wishing to refinance or sell the property. An owner with a finance...more
On January 26, 2022, Governor Roy Cooper signed Session Law 2022-1 amending and revising various portions of the North Carolina General Statutes applicable to construction projects in the state. The relevant sections of this...more
In its March 11, 2021 opinion, Division Three of the Washington Court of Appeals considered whether the 90-day period to record a claim of lien is extended by a contractor performing work after substantial completion to...more
Within Virginia’s mechanic’s lien article is a little known, and little used, mechanism providing for personal liability of higher tiers separate from that article’s mechanic’s lien rights. The title is “How owner or general...more
The COVID-19 pandemic has caused more than just health concerns for our community—it has also created significant economic concerns. Jobsites are shutting down across the country and contractors are afraid that project...more
Dear YouDig? Guess what? There is a beautiful new ice arena at a major university in Ohio. We know because we supplied the materials, labor and installation services of the entire ice rink including the sub floor heave...more
Under Oregon law, a contractor or subcontractor must file a construction lien within 75 days “after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction,...more