Litigation

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 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.

Washington's Stop Notice: An Effective Hammer in the Contractor's Tool Chest when Progress Payments are Delinquent
Reliance on the traditional mechanic's lien to recover nonpayment can be a frustrating experience for a contractor lien claimant. Often, recording and enforcing a traditional mechanic's lien turns into an expensive and time consuming process...

Attorney's Fees in a Mechanic's Lien Action
            The South Carolina Court of Appeals affirmed the lower court's ruling of limiting awarded fees and costs to the amount of the mechanic's lien...

Twenty-day statute of limitations for filing an appeal with the Unemployment Insurance Board strictly construed

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...

Anatomy of a Claim Against a Homeowner
The other day I posted on the usual procedure for bringing a claim against a contractor. Today I am focusing on what the contractor should do when bringing a claim against a homeowner...

Indiana Law: New Mechanic's Lien Case
Give the Indiana Court of Appeals' WOODWARD v. HERITAGE CONSTRUCTION COMPANY, INC. (June 6, 2008, PDF format) a look for the following:The kind of facts regarding the timing for a mechanic's lien that will support a valid mechanic's lien....

When the Subcontractor Does Not Get Paid
There is a great deal of confusion about what to do when a contractor does not pay the subcontractor. The homeowner wonders if he is liable when subcontractors start knocking on his door, saying they are still owed money...

Brown Greer et al.
alleging that the six law firms handling the Vioxx settlement failed to provide money for reimbursements to lien rights of Employee Retirement Income Security Act (ERISA) health plans.