Latest Mechanics Lien Law and News

Is a G C liable for job site injuries suffered by the employee of one of the subcontractors?

In most states, no. There is a major distinction between hiring an employee and an independent contractor. With the former situation, under respondent superior, the employer is liable for the employee’s injuries because of the extent of control exercised by that employer. But when you hire an independent contractor, such as a specialty subcontractor, you have no right to control the course of work and therefore that sub himself or herself is liable for damages caused to their labors and ...
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How do you enforce your mechanic’s lien if you have a binding arbitration provision?

It is very common for a construction contract to include a provision for binding arbitration. This means that in any enforcement procedures or for breach of contract for damages, you must seek redress through an arbitrator and not your local courthouse. Frankly, this is a good idea, because traditionally arbitration is a better method to resolve disputes because the arbitrator typically has vastly more experience than a judge. For example, arbitrators are typically experienced construction attorneys, as well as engineers ...
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Should a mechanic’s lien be reduced for back charges caused by ambiguous drawings?

A general contractor or sub not only bases their estimate upon the accuracy of drawings and specifications, but the whole logistical scheme, including preparation, manpower, ordering of materials and supplies, and the sequencing on the job. It is no wonder that this causes havoc when those plans are ambiguous and the project engineer or architect insists on a number of change orders. But how does this affect one’s right to a mechanic’s lien for unpaid services? If a judge or ...
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