Search results for: “change order”
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Time for Change: Why the Practice of Retainage Is in Need of Significant Reform
As subcontractors know all too well, retainage is an owner’s or higher-tier contractor’s practice of holding a predetermined percentage from each progress payment to the next-lower tier of subcontractors, and releasing the retained amounts only when a milestone such as “substantial completion” is reached. This practice has a dramatic effect on subcontractors, because the financial…
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I Returned to a Job – Does that Change the Lien Deadlines?
All mechanics lien statutes provide a strict time period with hard deadlines before which a lien must be filed in order to be valid and enforceable. These deadlines are critical to the claimant, since missing the deadline means the difference between remaining secured and losing the right to file a valid lien. Given this crucial importance,…
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Notice Compliance: You Can’t Trust the Recorder
[quote style=”boxed” float=”left”]With the importance of making sure that documents are recorded in the proper location, [the recorder’s office should] be 1) aware of the document itself, 2) be aware of the necessity of filing the document, and 3) be able to get the document filed when requested.[/quote] Notice compliance can be difficult. Notices change…
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Does Lien Priority Change If A Lien Release Bond Is Posted?
When there are multiple liens or other encumbrances on a property, and everyone is trying to get paid, the determination of which liens have priority is paramount. I recently discussed an Arizona court’s decision giving a mechanics lien priority over a construction lender. That case was fairly straightforward, and once the facts came out, appeared…
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Kentucky Mechanics Lien Law: Court of Appeals is Unaware that the Mechanic’s Lien Law Has Changed Since 1992
Many posts on the lien blog have discussed the complexity of mechanic’s lien laws, and noted that the notice, lien, and bond claim laws throughout the country are constantly changing. If you are not paying attention, a recent change to mechanic’s lien laws like those we recently talked about in North Carolina or Iowa may slip…