Mechanic's Lien
Court Order Extending Deadlines Due to COVID Did Not Apply to Mechanic’s Liens
September 12th, 2022
After the onset of COVID-19, the Massachusetts Supreme Judicial Court extended court deadlines in a series of four orders. Any deadline “set forth in statutes or court rules” falling between March 17 and June 20, 2020 was tolled, or extended, to…
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Categories: Construction
Overstated Lien is Void; Contractor Thus Liable to Owner for Damages
October 30th, 2020
The New York lien law, similar to lien laws in some other states, calls for rejection of a lien if it has been “willfully exaggerated.” A New York Appellate Division court has upheld rejection of a contractor’s lien for that reason. Contractor…
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Letter of Intent Precluded Dismissal of Mechanic’s Lien
July 17th, 2019
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…
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Categories: Construction
A Promise to Pay Doesn’t Extend Lien Deadlines
January 24th, 2018
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…
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Categories: Construction
Pursuing a Lien? FOLLOW THE LIEN LAW!
March 9th, 2017
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…
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Categories: Construction
Mechanic’s Lien Amount Shall Not Include Attorneys’ Fees
February 4th, 2015
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…
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Categories: Construction