Mechanic's Lien

Letter of Intent Precluded Dismissal of Mechanic’s Lien

A contractor recorded a lien notice, using a letter of intent as the “written contract” supporting the lien. The owner moved for summary dismissal of the lien, arguing that the LOI was nothing more than an agreement to negotiate a contract, and n… Read More
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A Promise to Pay Doesn’t Extend Lien Deadlines

Mechanic’s lien rights arise from the laws of each state; there is no common-law right to unilaterally lien someone else’s property. As such, compliance with statutory requirements and deadlines is paramount. Thus, when an owner promised to pay a… Read More
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Pursuing a Lien? FOLLOW THE LIEN LAW!

Mechanic’s liens are a creature of statute, and each state has its own law, with different deadlines, terms and forms. But there is one common element: if you don’t follow the procedure as spelled out in the law, your lien claim will fail. The la… Read More
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Categories: Construction

Mechanic’s Lien Amount Shall Not Include Attorneys’ Fees

The Utah Supreme Court has held that a mechanic’s lien does not include attorneys’ fees incurred by a contractor even when the lien statute allows recovery of reasonable legal fees. The court distinguished between the right to recover attorneys… Read More
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