Jeff Nicolet will be presenting a seminar titled “Understanding and Using Construction Liens” on behalf of The Minnesota Subcontractors Association on February 14, 2017 in Roseville, Minnesota. The seminar will focus on the benefits and procedure for obtaining and enforcing Mechanic’s Liens in Minnesota. …
Several states have made legislative changes to their construction lien and bond laws. This article provides a brief summary of some of the more significant changes in the state lien and bond laws for commercial projects over the last year. …
Pennsylvania recently amended its Mechanic’s Lien law.
A State Construction Notices Directory will be created for posting Owner’s Notice of Commencement, Subcontractor’s Notice of Furnishing, Owner’s Notice of Nonpayment, and Owner’s Notice of Completion. …
The Mississippi legislature has taken action in response to a 2013 decision by the 5th Circuit Court of Appeals (see Mississippi’s “Stop Notice” Statute Declared Unconstitutional). That decision limited the rights of subcontractors and suppliers to assert a “stop notice” claim against the owner’s funds on a private construction project in Mississippi. …
The Mississippi legislature has taken action in response to a recent decision by the 5th Circuit Court of Appeals (see Mississippi’s “Stop Notice” Statute Declared Unconstitutional). That decision limited the rights of subcontractors and suppliers to assert a “stop notice” claim against the owner’s funds on a private construction project in Mississippi. …
A recent decision by the 5th Circuit Court of Appeals (in Noatex Corp. v. King Construction of Houston, LLC, 5th Cir., Oct. 10, 2013) held that Mississippi’s Stop Payment statute is unconstitutional, thus taking away one of the few remedies available to subcontractors and suppliers on a private construction project in Mississippi. The court found that the statute interferes with a prime contractor’s right to due process, by depriving the prime contractor of an important property interest: The right to receive payment from the owner. As a result, the statute was found to be unconstitutional. …
In Missouri, the deadline for service of a preliminary lien notice for rental equipment is very short. However, a new amendment to Missouri’s Mechanic’s Lien Statute will benefit claimants who want to enforce their lien rights for rental equipment. Effective August 28, 2013, the preliminary notice deadline changes from five (5) to fifteen (15) business days after the commencement of the use of the rental equipment. Additionally, a claimant is no longer required to include the rental rate on the preliminary notice. …