Tag Archives: construction lien

Use a Lawyer to Prepare YOUR Construction Lien

Here is a reason why you should always consider using a lawyer in preparing your construction liens.  And, I am talking about a lawyer that is going to review your pertinent documentation in preparing your lien and spending the time … Continue reading

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Make the Pre-Suit Settlement Offer before a Lien Foreclosure

You are involved in a payment dispute with your contractor. The contractor records a lien against your property. What do you do? Sometimes the best thing to do is to make a good faith settlement offer.  Offer an amount of … Continue reading

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Construction Liens Don’t Last Forever!

I had a contractor with a construction lien call me up the other day wanting to take action on its lien. However, I could not assist this contractor with its lien.  The lien expired by operation of law…for two different … Continue reading

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Lienor in Direct Privity of Contract with Owner MUST Serve Contractor’s Final Payment Affidavit

I have had a few cases as of late representing an owner where the contractor in direct privity of contract with the owner failed to serve its contractor’s final payment affidavit on the owner prior to foreclosing on its construction … Continue reading

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Timely Recording Lien within 90 Days From Lienor’s Last Day / Final Furnishing Date

For construction liens to be valid, the lien must be recorded within 90 days from the lienor’s last day performing work–this is known as the lienor’s final furnishing date.   A lienor’s final furnishing date is largely a factual based … Continue reading

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Lien and Payment Bond Right Preservation is a MUST

Recently, I have been involved in more than a few matters where a party failed to preserve their construction lien rights or payment bond rights, as applicable to the project.  Why?  Failing to properly preserve lien or payment bond rights … Continue reading

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Owners: Be Prudent, Engage Counsel, Don’t Deal with Liens on Your Own

I receive numerous calls from owners that have a construction lien recorded against their property.  Of course, in most instances, the owner disputes the lien amount and, in fact, the lien in its entirety.  This is ok. The owners are … Continue reading

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“Prevailing Party” in Construction Lien Actions

Prevailing party attorney’s fees factor into many construction lien actions. A lienor wants to recoup 100% of the attorney’s fees they incurred as the “prevailing party.” If you have read this blog before, however, you know that the prevailing party … Continue reading

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Contractor’s Final Payment Affidavit

For contractors in direct contract with the owner, the construction lien is the first step to filing a construction lien foreclosure lawsuit.  The next step is that the contractor MUST deliver a Contractor’s Final Payment Affidavit to the owner at least … Continue reading

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