Attorney David P. Senkel of Thurman, Howald, Weber, Senkel & Norrick, is trying to clear up the "substantial confusion and misunderstanding" about the mechanic's lien statement filed by Alberici Constructors against Wings Enterprises. Alberici filed the mechanic's lien in Jefferson County on March 21 in the amount of $348,912 for costs incurred at the site of the proposed iron ore facility in Crystal City.
..."Alberici Constructors files $348,912.26 mechanics lien against Crystal City on March 24, 2011.". "Th...
Contrary to what you might expect, a mechanic's lien has nothing to do with automobiles. Although people who work on automobiles and don't get paid are entitled to a lien on a vehicle they have repaired, this is called a garageman's lien. A mechanic's lien protects people who improve the value of land by supplying labor or materials.
Although the language of mechanic's lien statutes varies from state to state, it has almost universally been held that only materials directly annexed/attached to the physical structure qualify as items eligible to be included in a mechanic's lien filing. US Bankruptcy Judge Ross Krumm ruled the mechanic's liens of two companies filed against a hotel developer that included such removable items as furniture, electronics and wiring were valid under what could be construed by some as vague or indirect Virginia statutes. Even so, even where applicable, those who can take advantage of any change in mechanic's lien considerations could be small in number compared to other, traditional lien players.
Credit professionals in the real estate industry should be familiar with the fundamentals of Ohio's Mechanic's Lien Statute. This article outlines the general operation of the statute to provide a framework for credit professionals going deeper into the statute on their own, or in analyzing particular situations which may arise. Ohio Revised Code Section 1311.02 provides a mechanic's lien to contractors, laborers or materialmen who do work in furtherance of a contract to improve real estate entered into with the property owner, a lessee or a general contractor. Contractors, subcontractors and material suppliers are most concerned with following the statute so as to obtain a valid lien upon property they have improved. Property owners on the other hand, are most concerned with protection...
Excavation, mechanics lien, R.C. 1311.06(B)(1), mechanics lien affidavit, subdivision, sublots
The US District Court for the Eastern District of North Carolina ruled in 1996 in Precision Walls Inc v. Crampton that a creditor would have to return an alleged preferential payment, unless it had actually perfected the mechanic's lien at the time of receipt of payment. In a recent case, Angell v. United Rentals Inc, the creditor had both mechanic's lien and bond rights at the time of the payment. The Bankruptcy Court for the Eastern District of North Carolina first ruled that the creditor had received a preference despite the mechanic's lien rights, because of the 1996 Precision Walls case. The creditor hopes to establish in Angell v. United Rentals Inc that the proper standard is whether the creditor received more than it would have in a Chapter 7 and did not diminish the estate, not...
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