Mechanic's Liens. Legal news and articles for April 14 - 24, 2017

Southern 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 homeownersEssar Landowner Wants Leases Yanked From Ch. 11 SaleEssar Landowner Wants Leases Yanked From Ch. 11 SaleThe Enforceability of Mechanics' Liens in Bankruptcy Is Dependent on State LawContingencies in Construction Budgets: Lenders' and Borrowers' PerspectivesCode inspector and town being sued by homeownersPlastics plant is a $100 million headache for US, Texas companies

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Mechanic's Liens. News and Stories

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 »

Essar Landowner Wants Leases Yanked From Ch. 11 Sale
Law360 (subscription)April 14, 2017

... partnership objected Thursday to the continued inclusion of its land in plans for the former Essar Steel's Delaware bankruptcy, saying the multibillion-dollar venture has failed to get mechanic's liens lifted from its property and missed production ...more »

Essar Landowner Wants Leases Yanked From Ch. 11 Sale
Law360 (subscription)April 14, 2017

... partnership objected Thursday to the continued inclusion of its land in plans for the former Essar Steel's Delaware bankruptcy, saying the multibillion-dollar venture has failed to get mechanic's liens lifted from its property and missed production ...more »

The Enforceability of Mechanics' Liens in Bankruptcy Is Dependent on State Law
JD Supra (press release)April 14, 2017

In a recent decision, the Third Circuit Court of Appeals held that a mechanic's lien filed by an unpaid supplier against a construction project, after the contractor through whom the materials were furnished filed for bankruptcy protection, was ...more »

Contingencies in Construction Budgets: Lenders' and Borrowers' Perspectives
JD Supra (press release)April 14, 2017

Once the nature of the contingencies is determined, a lender will want to have control over the amount and allocation of contingency funds set out in the construction budget. For example, the loan agreement might provide, with regards to re-allocations ...more »

Code inspector and town being sued by homeowners
Beckley Register-HeraldApril 14, 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 »

Plastics plant is a $100 million headache for US, Texas companies
Houston ChronicleApril 14, 2017

Now Wells has $2.7 million in mechanic's liens filed against the project, is down to 18 workers and his bank has "cross-collateralized everything I own," he said. After demanding payment from IMS in December, Wells and his crews were given 48 hours to ...more »

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