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The South Carolina Code provides: ?A person to whom a debt is due for ? materials furnished and actually used in the erection, alteration or repair of a building ? by virtue of an agreement with ? the owner ? shall have a lien upon the building ?.? S.C. Code Ann. Section 29-5-10(a) (Emphasis Added). In Wardlaw v. Troy Oil Mill, 54 S.E. 658 (S.C. 1906) a b
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The Strength of a Mechanic's Lien
One of my readers asked a very good question in response to a recent blog post. Is the mechanic's lien a stronger item in Massachusetts? The answer to that question is yes, a mechanic's lien is a very effective means for a contractor to put someone on notice of his claim...
Mechanic's Lien Statute Strictly Construed in Delaware
In King Construction, Inc. v. Plaza Four Realty, LLC, (Del. Super., Sept. 29, 2008), read opinion here, the Delaware Superior Court strictly construed the Delaware Mechanic's Lien statute and dismissed the efforts of a subcontractor to file a mechanic's lien based on non-compliance with the statute, such as the following: (i) failure to obtain written consent of the owner of the property before performing work for the tenant on leased premises; and (ii) not waiting until all work was completed before filing the mechanic's lien for amounts due (which date must be asserted in the court pleadings)...
Mechanic's lien filing period not tolled indefinitely when claimant joins in another foreclosure action
This week, in Van Wolvelaere v. Weathervane Window Co., the Washington Court of Appeals ruled that the 8 month statute of limitations for mechanic's liens was not tolled indefinitely after a lien claimant joins an existing lawsuit filed by another claimant to foreclose on the property at issue.
Property: Mechanics lien does not include services provided by contractor (mowing, etc): STEEPLECHASE SUBDIVISION HOMEOWNERS ASSOCIATION V. THOMAS (COA 2/8/2008)
STEEPLECHASE SUBDIVISION HOMEOWNERS ASSOCIATION V. THOMAS PROPERTY: Mechanics lien does not include services provided by contractor (mowing, etc). 2006-CA-002146 PUBLISHED: REVERSING PANEL: THOMPSON PRESIDING JUDGE; BUCKINGHAM, HENRY CONCUR COUNTY: BOONE DATE RENDERED: 2/08/2008 Steeplechase Subdivision Homeowners Association, Inc...
Lien Removal After Bankruptcy
As noted in my earlier note, there are three types of liens that can attach to your property. After filing for bankruptcy and discharging a debt associated with the lien, you can remove the lien from the property under certain circumstances...
Getting Rid of a Mechanic's Lien
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Before I say anything, I want to remind homeowners that mechanic's lien law is state specific. I only know how they work in Massachusetts. That said, there are usually similarities between states, and this will give you some idea of how the process works...