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Latest Mechanics Lien Law and News

Serving the Owner with a Tenant Improvement Mechanic’s Lien

Assume you have performed construction services in the nature of tenant improvements. It may be to a restaurant, a store in a shopping center, the third floor of an office building, or even a standalone structure. You’ve checked with the applicable state law for mechanics’ liens and have concluded there is no right to record the mechanic’s lien against the owner’s interest. Only against the tenant. You’ve been further advised by your attorney that the lien can only foreclose against ...
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Mechanics Liens– Necessity of a License

The general rule for contractors, whether as a general or sub, is that you need to be licensed as a prerequisite to making a claim for unpaid labor and materials or filing a mechanics lien. But, there are some qualifications. First, it is highly recommended that you be licensed in all circumstances. For one simple reason: owners whether commercial or residential, love to find excuses for nonpayment. You don't want to give them the liberties of arguing you were unlicensed ...
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Mechanic’s Lien: Legal Description Required?

We are as frequently asked about the content required in the filing of a mechanic's lien. More specifically, does a full-blown legal description need to be in the form or can you simply get away with a simple street address? I bet you know the answer to this one. Some state clerk's offices, registry of deeds or recorder's offices will allow a common street address, but this is becoming more and more infrequent. As a general statement, the legal description ...
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