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Latest Mechanics Lien Law and News

Lis Pendens for a Mechanic’s Lien

As is commonly recognized, after the recording of a mechanic's lien, it has a limited shelf life. Within a certain period of time, called a statute of limitations, the lien claimant must bring a lien foreclosure lawsuit in Superior Court (District Court in some jurisdictions). That lawsuit typically has a cause of action to foreclose the mechanic's lien, along with (as to persons in which you have a direct contractual privity) counts for breach of contract, unjust enrichment, implied-in-fact contract, ...
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Pre-lien Notice before a Florida Mechanic’s Lien

As you have probably heard a number of times, you cannot simply file a mechanic’s lien in Florida without going through an additional step. That first step is a pre-lien notice called: Notice to Owner or Notice to Owner/Notice to Contractor. Without it, as a matter of statute, you are not entitled to record a mechanic’s lien and if you do, it would be considered void and slander of title. Many people ask if there are any exceptions. Unfortunately there ...
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New California Preliminary Notice Required for Mechanic’s Lien

As is popularly known, before recording a California mechanic's lien, a contractor or supplier must first serve the 20 day preliminary notice. Traditionally, this was has only been required for subs and suppliers. In other words, general contractors were immune to this requirement. But prime contractors are surprised to hear they need to serve this pre-lien notice if there is a construction lender on the project. So be on the lookout for this information, including securing it from the owner, ...
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