Author: Olivia Huppman
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Is Filing a Lien Release Required?
What happens if you file a mechanics lien, but then you are paid? Or, what happens if a lien expires because it is not enforced within the permissible time period? You might forget about the lien and think it disappears, but this is not the case. The next step is to file a lien release (also…
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Can I Include Attorneys Fees in a Mechanics Lien?
Certain states allow lien claimants to include more than the amount owed in a mechanics lien claim. This might include associated costs (such as filing fees or interest) or, most commonly, attorneys fees. Other states don’t permit you to include additional costs in the claim of lien itself, but will award attorneys fees to the…
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US Lien Laws: The Definitive Word Count Rankings
We all know lien law can be incredibly confusing. All 50 states have different rules and requirements for preliminary notices, notices of intent, mechanics liens, lien waivers, lien releases and more. These requirements are outlined by each state’s mechanics lien statute, but reading and understanding these statutes is no easy task, even for trained attorneys. Slogging through that complex…
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Requesting a Lien Waiver? Here’s What to Keep in Mind
Lien waivers are an important component of the payment process for parties on all sides of construction projects. No matter what your role is on a project – property owner, general contractor, subcontractor, material supplier, etc. – you have probably encountered a lien waiver. If you haven’t, you will. For parties making payment, requesting that the payee…
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Signing a Lien Waiver? Here’s What to Keep in Mind
To sign or not to sign? Lien waivers are used all the time in the construction industry. Typically, the party making payment will request or require that the party receiving payment sign and execute a lien waiver as part of the exchange of payment. It is pretty clear why those making payment want the payee…