Law Brief: Lien Times: Securing Mechanics Liens for Preconstruction Services
Benefits of a Stop Notice for Construction Contractors
Hot to Get Paid: Tips and Tricks for Construction Companies in DC, MD, and VA
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
The Texas Legislature is currently in session and is scheduled to adjourn on June 2, 2025. Porter Hedges is actively monitoring any legislation that influences Texas construction law and impacts construction projects,...more
This is the first in a series of blog posts discussing lien requirements in states where we most frequently litigate and states with unique lien requirements. Alabama Lien Law Basics - Alabama’s statutory mechanic’s lien...more
Generally speaking, when a party files a Mechanic’s Lien Claim (“Lien Claim”) in Pennsylvania, the Lien Claim needs to be served on the Respondent by the sheriff of the county where the property owner is registered to do...more
A federal judge in New York served up a good reminder last week about the importance of dotting your i’s and crossing your t’s when it comes to perfecting a mechanic’s lien. The case involves a payment dispute between a...more
Liens provide a means of recourse for contractors, subcontractors, and suppliers who have not been paid. In Washington, there are specific disclosure requirements that must be met before a licensed and registered contractor...more
Welcome to our year-end issue of The Site Report! As always, the construction industry is ever-changing and is impacted by extreme weather, new technology, labor issues, material and supply chain restraints, and code changes....more
During any construction project, unanticipated impacts and revisions to project scope, schedule and cost are almost inevitable. For example, access delays and disruptions arise, unusually severe weather conditions are...more
Contractors, subcontractors, laborers, and material suppliers who perform work or labor upon or furnish materials in furtherance of any improvement undertaken by virtue of a contract with an owner, part owner, or lessee have...more
A lien, sometimes referred to as a security interest, is an interest in real or personal property that secures the payment of a debt or the performance of an obligation. The most common examples of liens are mortgages (deeds...more
A mechanics’ lien affords unpaid contractors, subcontractors, laborers, and/or material suppliers a security interest in the property’s real estate and title. A blanket lien is a type of mechanics’ lien that covers more than...more
Pay-if-paid clauses are conditional payment provisions regularly included in construction subcontracts. The intent of these clauses is to shift the risk of loss from a prime contractor to its subcontractors by making a...more
In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural requirements set forth in the mechanics lien...more
This BLOG has previously addressed issues related to proper licensure for contractors and the problems that arise for them if they perform work without a license. We have previously noted that home improvement contractors are...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
Welcome to our third issue of 2024 for our construction industry insights e-newsletter - The Site Report. In honor of last week’s Women in Construction Week, last Friday’s International Women’s Day, and Women’s History...more
The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are...more
General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more
The Company, Inc. v. Capstone Constr. Co., 2023-Ohio-3882 (8th Dist.) -Non-payment: the dreaded issue all subcontractors face. Tools, such as payment bond, prompt pay and mechanic’s lien rights and claims, can help secure...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
In Alabama, a lien claimant must file a lawsuit to enforce its mechanic’s lien within six months of the maturation of the entire indebtedness in the Alabama state circuit court in the county where the subject property is...more
Lenders on commercial real estate projects typically require that the general contractor subordinate its mechanics’ lien rights to the lender’s deed of trust and other financing documents in order to assure the lender that...more
Mechanics' liens on public construction projects are a fact of life. Although they may seem familiar, it does not pay to regard them too casually. Mechanics' liens are statutory creatures, and anyone dealing with them needs...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
Contractors or subcontractors who perform offsite work can face unique challenges when an owner decides to suspend or end a project. Luckily, states including Pennsylvania and New Jersey, have legislation that offers remedies...more