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Latest Mechanics Lien Law and News

Mechanics Lien Release—Do You Also Need a Settlement Agreement?

You have filed a mechanics lien and put pressure on the owner or general contractor.  Happily, payment has been made in full and you are prepared to sign, notarize, and have recorded a mechanic’s lien release.  But should you go the extra mile and also prepare an overall settlement agreement? That is a good idea.  The mechanics lien release simply cancels from record the mechanic’s lien.  Actually, it is not erased—it merely evidences discharge.  Therefore, it relates solely and exclusively ...
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Mechanic’s lien waiver. What if the check does not clear?

It is common to receive a mechanic’s lien waiver before being paid a partial installment under your construction contract.  We all expect it and in a way, welcome this piece of paper because it means you are going to be paid shortly.  But many of us wonder what would happen if we sign the lien waiver and the check received never clears the bank and bounces.  What is the legal effect? For example, assume you are a plumbing subcontractor.  The ...
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Can you record a mechanic’s lien for mere maintenance services?

We are all familiar with the concept that a mechanic’s lien is allowed for the conferring of labor and materials to a project which improves real property. But what if you are not installing materials, but simply maintaining the property? That makes the filing of a mechanic’s lien more problematical. The general rule is that a lien may not be filed merely for maintenance services. Take for example a landscape contractor. There is surely entitlement to a lien if you ...
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