State Law

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)...

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...

Common Myths About South Carolina Mechanic's Liens
This article was written by R. Bryan Barnes, a fellow shareholder in my firm.   Mechanic?s liens are creatures of statute. As a result, they are at various times tricky and misunderstood...

SC Supreme Court Rules that Posting a Bond Does Not Affect the Time Deadline in which a Party Must Commence a Suit to Enforce a Mechanics Lien
   After filing a mechanic?s lien, a party has six months to commence a suit to enforce the lien. See S.C. Code Ann. § 29-5-120. Failure to enforce a lien within the six month statutory period deprives the party of the remedies available under the mechanic?s lien statutes...

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...

Requesting a Release of Federal Tax Lien
If you have suffered the IRS Problem of a tax lien, you are ready to do whatever you need to do to be rid of it.  Your lien amount is a matter of public record until your lien is paid-in-full...

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