There is some confusion with the use of the phrases "lien release" or "lien waiver". Even worse, many state statutes and cases use the terms interchangeably. But they are definitely different. Each one has a different meaning and function. A lien waiver, either partial or final, means that a mechanic's lien claimant is waiving their rights in the future to file a mechanic's lien. This usually is the result of a progress payment or final payment on the job. The ...
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We all know the importance of timely filing a mechanic's lien. And the need to use the correct lien forms. But we need to emphasize the importance of such a statement. When it comes to the law, many cases you can win or lossed based upon the persuasive arguments made by your attorney. In other words, there is no specific wording or argument: it is simply the one that persuades the judge and the jury. But not so with the ...
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An important inquiry is the last day working on the job. This is significant because this time starts ticking as to when you have to file a mechanic's lien. What about the beginning of the job? That can be important as well. Take for example California's requirement by subcontractors and suppliers to serve a preliminary 20 day notice. It must be served within 20 days of commencing your work. If not, a mechanic's lien may not subsequently be recorded. Under ...
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