mechanics lien act

• Enforceability and Perfection of Mechanics Liens in Bankruptcy

The Mechanics Lien Act (the 'Act') is a very technical act. A properly perfected claim for mechanics lien may take priority over the interest of the trustee. On the other hand, if the contractor or subcontractor fails to comply with the requirements of the Mechanics Lien Act, its lien claim against the owner's property is unperfected and would not stand up against the claim of a bona fide purchaser of any real property allegedly subject to the unperfected mechanics lien. Thus, if the owner filed bankruptcy, an unperfected mechanic's lien claim would fall to a trustee's exercise of his strongarm powers under §544(a) of the Bankruptcy Code. The intersection of bankruptcy and mechanics lien law creates a trap for the unwary. It is imperative that the lien claimant continue to perfect its c...

• Debt 3
• Vol. 21 Nbr. 6, November 2006

• Construction Liens in Canada

A landowner for whom construction is being performed, must have regard to the provisions of the Construction Lien Act if he is to avoid paying for the work more than once. This is so because the Act is intended to ensure suppliers and workmen are paid for improvements to land which usually become part of the realty and therefore cannot be repossessed. The lien comes into existence when the first work is done or the first materials are supplied to the improvement. The lien expires if it is not registered within certain time periods. Here are some of the things you need to know regarding construction law in Canada: 1. In the Maritimes, liens arise under the Mechanics Lien Act. 2. For large projects, it is common for the parties to enter into a standard form contract. 3. Commercial General...

• Debt 3
• Vol. 23 Nbr. 4, July 2008

• Illinois Supreme Court Clarifies Rights Of Lenders And Mechanics Lien Claimants To Proceeds Of Foreclosure Sale

The Illinois Supreme Court has issued an opinion—in LaSalle Bank v. Cypress Creek 1, LP 1—clarifying the relative priorities of a lender and mechanics...

• Mondaq Business Briefing
• United States Law Articles in English

• Capitol Indemnity Corporation, Plaintiff-Appellee, v. United States of America, Defendant-Third Party Plaintiff-Appellant, v. Mt. Vernon Township High School District 201, Third Party Defendant-Appellee., 41 F.3d 320 (7th Cir. 1995)

... then or at any other time file notices of liens pursuant to Sec. 23 of Illinois' Mechanics Lien Ac...

• Federal Circuits

• Illinois Decision On Lien Priorities

..., would modify Section 16 of the Mechanics Lien Act, to effectively parallel the reasoning in...

• Mondaq Business Briefing
• United States Law Articles in English

• Illinois Supreme Court Clarifies Rights Of Lenders And Mechanics Lien Claimants To Proceeds Of Foreclosure Sale.

The Illinois Supreme Court has issued an opinion--in LaSalle Bank v. Cypress Creek 1, LP 1--clarifying the relative priorities of a lender and mechani...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Lien & Mean? Mechanics' Liens In NL.

No one likes to see a lien on a project - not the owner, not the financier, not even the contractor or supplier who filed the lien. It frequently dest...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• McMurray v. Brown, 91 U.S. 257 (1875)

.... This was an action to enforce a mechanics' lien under sect. 1 of the act of Congress approve...

• U.S. Supreme Court

• Illinois Decision On Lien Priorities.

..., would modify Section 16 of the Mechanics Lien Act, to effectively parallel the reasoning in...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Smithamundsen Welcomes Howard Turner to Its Construction Practice

To: STATE EDITORS Contact: Sara Goddard of SmithAmundsen, LLC, Business Development and Marketing Manager, +1-312-455-3824, sgoddard@salawus.com

...Turner has been actively involved in mechanics lien and construction transactions and litigation ...

• U.S. Newswire
• November 02, 2009