Mechanic's Liens. Legal news and articles for April 17 - 29, 2017

5 hidden landmines in commercial real estate dealsBuilding Or Renovating A Home?Stonington selectmen keep foreclosure on the table for blighted Mechanic St. propertyStonington selectmen keep foreclosure on the table for blighted Mechanic St. propertyForeclosure on table for Mechanic St. propertyThe Beneficiaries of “Pay-if-Paid” Clauses in Construction ContractsSouthern California bankruptcy filings at 10-year lowHomestead: More than just a property-tax exemptionWATCH: Here are the developers with the most lien activityThird Circuit Holds That Post-Petition Filing of NJ Construction Lien ...New Bankruptcy Case Limits Assertion of Post-Bankruptcy Construction LiensNine @ Louisville developer locked in contract dispute with general contractorThird Circuit Holds That Post-Petition Filing of NJ Construction Lien Violates the Automatic StayIowa Legislature Changes Mechanic's Lien LawCode inspector, town being sued by homeowners

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Pennsylvania Combats Lien Claims with New e-Directory
Lexology (registration)April 3, 2017

Launched in December, the “Pennsylvania State Construction Notices Directory” for mechanic's liens is designed to assist property owners in determining what potential subcontractor lien claims might be filed against a project. The directory implements ...more »

Third Circuit Holds That Post-Petition Filing of NJ Construction Lien Violates the Automatic Stay
JD Supra (press release)April 18, 2017

The Third Circuit case, In re Linear Electric Company, Inc., concerns the relationship between New Jersey construction lien law and federal bankruptcy law. Under New Jersey law, any contractor, subcontractor, or supplier who provides work, services, ...more »

Mechanic's Liens. News and Stories

5 hidden landmines in commercial real estate deals
OCRegisterApril 29, 2017

Mechanics liens, tax liens, “lis pendens” – nasty little critters that prevent a seller from deeding property. Frequently, sellers of commercial real estate are clueless about matters affecting the title of their property. Before considering selling a ...more »

Building Or Renovating A Home?
Lexology (registration)April 28, 2017

Protect Against Liens. Under certain circumstances, contractors and subcontractors are entitled to file a mechanic's lien against the homeowner's property securing amounts owed to them for work done on the property. For example, if the homeowner pays ...more »

Stonington selectmen keep foreclosure on the table for blighted Mechanic St. property
The Westerly SunApril 27, 2017

STONINGTON — During its meeting Wednesday night, the Board of Selectmen discussed the ongoing blight at 2-4 Mechanic St. and the possibility of foreclosing on the liens it has put on the property as a result. Director of Planning Jason Vincent, who is ...more »

Stonington selectmen keep foreclosure on the table for blighted Mechanic St. property
The Westerly SunApril 27, 2017

STONINGTON — During its meeting Wednesday night, the Board of Selectmen discussed the ongoing blight at 2-4 Mechanic St. and the possibility of foreclosing on the liens it has put on the property as a result. Director of Planning Jason Vincent, who is ...more »

Foreclosure on table for Mechanic St. property
The Westerly SunApril 27, 2017

STONINGTON — During its meeting Wednesday night, the Board of Selectmen discussed the ongoing blight at 2-4 Mechanic St. and the possibility of foreclosing on the liens it has put on the property as a result. Director of Planning Jason Vincent, who is ...more »

The Beneficiaries of “Pay-if-Paid” Clauses in Construction Contracts
Lexology (registration)April 26, 2017

The law of contract formation allows parties “freedom to contract” in most aspects of transactions, services and/or liabilities. In the area of construction law, general contractors have largely negotiated a shift in the distribution of risk away from ...more »

Southern California bankruptcy filings at 10-year low
OCRegisterApril 24, 2017

But thankfully, bankruptcy is trending out of fashion in Southern California these days. New personal and company bankruptcy filings in California's Central District fell to 9,415 in the first quarter, down 7 percent in a year and the lowest number of ...more »

Homestead: More than just a property-tax exemption
The LedgerApril 19, 2017

A. Many Florida court cases have found a revocable living trust can own a natural person's homestead property and maintain Article X creditor protections. However, many other entities and types of trusts cannot own a homestead property and still ...more »

WATCH: Here are the developers with the most lien activity
The Real Deal MagazineApril 19, 2017

In a situation like this, the first step to challenge a disputed bill is to file a mechanic's lien — a claim against a client's property that assures a contractor gets paid. In The Real Deal's April issue, we assembled a list of private developers and ...more »

Third Circuit Holds That Post-Petition Filing of NJ Construction Lien ...
Lexology (registration)April 19, 2017

On March 30, the Third Circuit Court of Appeals filed an opinion regarding whether the filing of a mechanic's lien after the commencement of a…more »

New Bankruptcy Case Limits Assertion of Post-Bankruptcy Construction Liens
JD Supra (press release)April 19, 2017

As a result of this assurance, suppliers and subcontractors were likely encouraged to extend credit and otherwise hold off on immediately asserting construction or mechanics liens to avoid the potential effect of driving a contractor to close (or lose ...more »

Nine @ Louisville developer locked in contract dispute with general contractor
Louisville Business FirstApril 18, 2017

Louisville-based Whittenberg Construction Co. has filed a lien against The Nine at Louisville LLC, an affiliate of Tampa, Fla.-based 908 Group, seeking a little more than $425,000 in what Whittenberg Construction alleges is an unpaid balance for work ...more »

Third Circuit Holds That Post-Petition Filing of NJ Construction Lien Violates the Automatic Stay
JD Supra (press release)April 18, 2017

The Third Circuit case, In re Linear Electric Company, Inc., concerns the relationship between New Jersey construction lien law and federal bankruptcy law. Under New Jersey law, any contractor, subcontractor, or supplier who provides work, services, ...more »

Iowa Legislature Changes Mechanic's Lien Law
JD Supra (press release)April 18, 2017

This legislation included a provision expanding the category of residential general contractors who are required to timely file a "Commencement of Work" Notice (or C.O.W. Notice) at the outset of a project to preserve their right to later file a ...more »

Code inspector, town being sued by homeowners
The Fayette TribuneApril 17, 2017

Mazzella filed a mechanic's lien against the Lesters' home in November 2016. Because of the contractor's negligence, the suit states the Lesters will “continue to incur damages to remediate the defective and/or omitted construction, property damage ...more »

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