lien Archives

May 2, 2019

Failure to Provide Proper Itemization Under Section 38 of the New York Lien Law Fatal to Maintaining a Mechanic’s Lien

The New York Lien Law provides broad rights to contractors, subcontractors and materialmen who improve real property. However, the right to file a mechanic’s lien is not without obligation on the lienor who must, within five days of receipt of a demand under Section 38 of the Lien Law, provide a verified, itemized statement detailing the value of the labor and materials that comprise its claimed lien amount. A property owner faced with a lienor who refuses or fails to adequately itemize its mechanic’s lien may bring a petition before the court to seek a proper itemization. If the lienor… Read more

Nov 18, 2014

Georgia Lien Law: How much time do I really have to file a Lien Action?

In 2009, Georgia amended its lien statute. One of the many amendments to the statute requires lien claimants to include on the face of the lien the following statement in at least 12-point bold font: “This claim of lien expires and is void 395 days from the date of the filing of the claim of lien if no Notice of Commencement of Lien Action is filed in that time period.” (emphasis added). O.C.G.A. § 44-14-367. The failure to include this language in the claim of lien shall invalidate the lien and prevent it from being filed. Id. By now, most… Read more

Apr 17, 2014

Effective Immediately: Brand New Mississippi Lien Laws

In an earlier blog post, we discussed a Fifth Circuit Court of Appeals opinion, Noatex Corp. v. King Constr. of Houston, LLC, 732 F.3d 479 (5th Cir. 2013), which found Mississippi’s Stop Notice Statute unconstitutional. The ruling was particularly harsh because Mississippi did not allow subs and suppliers the right to record a lien. After the ruling, the only apparent recourse for subs and suppliers that had not been paid for work completed was to sue those with whom they had a contract for breach of contract. We questioned how the Fifth Circuit’s ruling would affect Mississippi’s lien laws. Now… Read more

Jun 26, 2013

Legislation re-establishes Georgia Contractor’s Right to Its General Conditions Costs

Authored by: Darren Rowles A controversial Georgia Court of Appeals decision limiting the scope of Georgia mechanics’ liens to the value of materials and labor was recently overturned by an amendment to the lien law that will take effect on July 1, 2013. To read the full text of the amendment adding O.C.G.A. § 44-14-361(c) & (d) to Georgia’s lien code, click here (last visited 4/29/2019). On July 11, 2012, in 182 Tenth, LLC v. Manhattan Construction Co., 316 Ga. App. 776 (2012), the Georgia Court of Appeals held that “general conditions costs” were not lienable. The decision came as a shock… Read more

Mar 27, 2009

Unit Owner Monetary Defaults

The current state of the national and local economy will likely lead to increased nonpayment of monthly charges by owners of cooperative and condominium apartments. The loss of income can affect the financial stability of a cooperative or condominium and, at least in the short run, the costs of unpaid maintenance or common charges must be borne by other owners. Therefore, it is important that boards have and enforce a clear policy as to payment arrears. The procedures and effectiveness of legal remedies for nonpayment differ substantially as between cooperatives and condominiums. Cooperative apartment owners are tenants for collection purposes,… Read more