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In order to promote full disclosure and identification of subcontractors (defined as both first and second tier subcontractors) who potentially might ...
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A new state law likely will raise the cost of title insurance in Pennsylvania and make it harder and more expensive for developers and property owners...
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New Jersey's Construction Lien Law (CLL) offers statutory protection to contractors, subcontractors or suppliers who provide "work, services, material or equipment," pursuant to a written contract, in connection with the "improvement" or repair of private realty. The CLL allows contractors, subcontractors, and suppliers who are not compensated for their work to place liens on real property improved by their efforts, for the contract price of the work performed, or the unpaid portion thereof. The lien serves as security for the unpaid debt. Generally, no party against whom a lien claim is asserted, including owners, will be forced to pay twice for work provided, services rendered, or materials provided under the CLL. Under the Mechanics' Lien Law, owners and general contractors were prov...
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- Robert v. Rossi; Linda A. Rossi, Plaintiffs, Appellants, v. Leonard P. Gemma, Individually and in His Capacity as President of Gem Plumbing & Heating Co., Inc.; Robert J. Levine, Individually and in His Capacity as a General Partner of Gemma & Levine; Henry S. Kinch, Jr., in His Capacity as Clerk of the Providence County Superior Court, Defendants, Appellees. Robert v. Rossi; Linda A. Rossi, Plaintiffs, Appellants, v. Gem Plumbing & Heating Co., Inc., Defendant, Appellee., 489 F.3d 26 (1st Cir. 2007)
...") were named as respondents in a state court lien enforcement petition brought in May 2002 by Gem Pl... process argument that the Rhode Island Mechanics' Lien Law, R.I. Gen. Laws § 34-28-1 et seq., was ...
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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...
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A lien is a claim, interest, or right to property or a portion of it, of another person, arising by law or agreement for payment of a debt or liability. A mechanics' lien is a lien in real estate held by a person for labor, service, or materials furnished in connection with the construction or improvement of real estate. This type of lien is codified by the statute of the state which governs the creation, extent, filing, and foreclosure of the lien. The time limitations for filing of the lien and foreclosure of it are set by statute.
For most states, the lien must be verified or sworn under oath and must include the names and addresses of the lien claimant, the owner of the real estate and/or his/her agent, the street address and legal description of the real estate subject to the li...
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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...
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... recent amendments to the Pennsylvania Mechanics' Lien Law of 1963 (49 P.S. § 1101–1902, the "Li...
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... to California law governing mechanics liens and stop notices become effective July 1, 20...
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Mechanics Lien