Over the last four years we’ve all had to deal with the funding crashes that followed the 2008 financial crisis. In those four years, many have also learned the difference between pay-if-paid clauses and pay-when-paid clauses. But what is the difference between the two, when should each one be used, and why should it matter […]
Author: Stephen
florida construction law, Florida Construction Lien, florida licensure requirements, Florida Mechanics Lien, Miami construction requirements, Miami contractor
Florida “Hard and Fast” Rule on Unlicensed Subcontractors Suing Gets a Little Softer
There’s a strange thing about the law: even when it seems like a bright line rule is established by a court, or a statute appears to provide a hard and fast rule, there can always be circumstances that make a judge think twice about applying those rules as harshly as intended. If the law is […]
montana construction lien, montana lienor priority, montana mechanics lien, montana mechanics lien case law
Montana Priorities Favor Lienors – Montana Mechanics Lien Held Valid
Yesterday we posted a blog about the Nevada Supreme Court’s ruling on priority of Nevada Mechanics liens over mortgages in situations where a bank has actual knowledge that a contractor commenced work, but there is no “visible” work being performed on the property. In that case, the Nevada court ruled that actual knowledge of work […]
nevada construction lien, nevada lien case law, nevada lien law statutes, nevada lien priority, nevada mechanics lien
Nevada Supreme Court Decides Mechanics Lien Priority Issues
Priority issues relating to mechanics liens can be confusing, to say the least. While statutes generally address these issues, and courts attempt to clear up any ambiguities, new uncontemplated circumstances arise on a daily basis, resulting in in ever more confusion. In 2011, the Nevada Supreme Court tackled yet another of these novel issues, hearing […]
ohio bond claims, ohio construction lien, ohio mechanics lien, ohio payment bond claim, ohio performance bond claim, ohio public projects, ohio public works bidding
Ohio Court Permits Subcontratcor “Default Insurance” Instead of a Surety Bond
In State ex rel. American Subcontractors Ass’n, Inc. v. Ohio State University, 940 N.E. 2d 984 (Ohio 2011), the Ohio Supreme Court heard arguments on a pilot program – instituted pursuant to House Bill 318 – to test whether alternate methods of procuring public construction projects would increase efficiency and lower costs. In the case […]