What is My 'REAL' Lien Deadline Date? (Part 2 of 3: Unpaid Balance Liens)

April 22, 2016   

In about 50% of U.S. states, the deadline date to file a mechanic’s lien is not only based on a date defined in the statute, it’s also based on the receivable balance remaining to be paid on the general contract. States where the dollar value of a mechanic’s lien is limited to unpaid funds owed on the general contract are commonly referred to as “unpaid balance” lien states. The others are commonly referred to as “full price” lien states. The difference is as follows:

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Kansas Still Lacking P3 Legislation, But Effort Picking Up Steam

April 22, 2016   

Kansas lawmakers are considering SB 475, which would require a payment bond in an amount “equal to the full contract amount solely for the protection of claimants who supply labor or materials to the contractor or subcontractor in the prosecution of the work.” Kansas is one of just more than a dozen states nationwide without such statutes already in place.

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Kentucky Enacts Suppliers, Subs Protections in P3 Work

April 22, 2016   

Kentucky Gov. Matt Blevin (R) signing of Kentucky statutes requiring a general contractor (GC) to post payment bonds on public private partnership (P3) projects made him the latest to join a growing list of governors who have enacted such legislation over the last few years.

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Protocols for Lien Filing Deadlines Tougher in Some States

April 7, 2016

Determining the best time to file a mechanic’s lien sometimes requires a forensic review of an improvement project, from determining if there are any issues with the product or service to spotting any problems with invoices. After wading through those issues, the next step often involves deciphering statutory filing deadlines for mechanic’s liens. In some states, it’s fairly easy to determine the deadline; in others, notably California, it’s more difficult.

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Rise of P3 Projects Prompts Need for Credit Vigilance

April 7, 2016

Rise of P3 Projects Prompts Need for Credit Vigilance

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Subcontractor Appeals Court’s Dismissal of Claim

April 05, 2016

An Illinois circuit court erred when it summarily dismissed a subcontractor’s mechanic’s lien claim, according to the American Subcontractors Association (ASA), Inc.’s brief filed in the Appellate Court of Illinois, in the case of AUI Construction Group, LLC, vs. Louis J. Vaessen, et al. 

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PA Moves Toward Online State Construction Notices Directory

March 31, 2016

Pennsylvania’s State Construction Notices Directory is expected to go live Dec. 31. The website will serve as a central, statewide repository for posting construction notices of commencement, furnishing, completion and nonpayment.

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Circuit Court Decision Sets up Potential Hassle for LA Suppliers

March 21, 2016

A Louisiana Circuit Court decision stands to complicate matters significantly for material suppliers planning to file a lien on a public project.

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Costly Washington State Surety Change Legislation Quashed

February 19, 2016

As noted in the latest edition of NACM’s eNews, lawmakers in Washington state were pushing hard for legislation that would double mandated surety bonds amounts and alter the timing for which preliminary notices on commercial projects could be served. However, thanks to a concerted effort by stakeholders, including members of NACM Business Credit Services (Seattle), the effort has been stymied … at least for now.

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Illinois ‘Bonding Over’ Lien Change Reaction Far From a Consensus

February 11, 2016

(Editor’s Note) Reaction to the Illinois mechanic's lien statute changes that enable any party with a stake in the real estate tied to a project to substitute surety bonds for mechanic's liens continues to draw mixed reviews. Attorneys including Kori Banzanos, Esq., supported the changes, as noted in a Jan. 7 NACM eNews article, saying it will provide a higher assurance of being collectable.

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