Comments on: “No Liens” Clauses – Are They Valid? http://constructionlienblog.com/2007/10/no-liens-clauses-are-they-valid/ Wed, 08 Feb 2012 22:08:09 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Lien & Bond Law Changes Introduced in North Carolina Legislature | Construction & Mechanics Lien Blog http://constructionlienblog.com/2007/10/no-liens-clauses-are-they-valid/comment-page-1/#comment-4911 Lien & Bond Law Changes Introduced in North Carolina Legislature | Construction & Mechanics Lien Blog Mon, 11 Apr 2011 14:11:43 +0000 http://constructionlienblog.com/?p=11#comment-4911 [...] We’ve discussed lien waivers on this blog in the past:  No Lien Clauses – Are They Valid? [...] [...] We’ve discussed lien waivers on this blog in the past:  No Lien Clauses – Are They Valid? [...]

]]> By: Scott Wolfe Jr http://constructionlienblog.com/2007/10/no-liens-clauses-are-they-valid/comment-page-1/#comment-4726 Scott Wolfe Jr Tue, 15 Mar 2011 14:23:23 +0000 http://constructionlienblog.com/?p=11#comment-4726 Hi Thad. Thanks for visiting our blog, and for your comment here. I certainly understand the sentiment. As a Louisiana attorney, I've represented companies who have filed mechanic liens, as I've also represented folks trying to get liens removed. Sometimes, that can be a tall order. However, despite the challenges, I think the mechanic lien process is pretty fair. Mechanic liens have been in our nation's laws for nearly over 200 years, and they have worked pretty much exactly as they work today. Louisiana's lien laws are no different than the rest of the country's. And all in all, while there are some outlier problems with improper or frivolous liens, it doesn't appear to be a problem gone wild. With that said, Louisiana could do a better job of allowing a property owner to recover attorneys fees in the event they successfully remove a lien. While the law allows this now, it's rarely awarded. Hi Thad. Thanks for visiting our blog, and for your comment here. I certainly understand the sentiment. As a Louisiana attorney, I’ve represented companies who have filed mechanic liens, as I’ve also represented folks trying to get liens removed. Sometimes, that can be a tall order.

However, despite the challenges, I think the mechanic lien process is pretty fair. Mechanic liens have been in our nation’s laws for nearly over 200 years, and they have worked pretty much exactly as they work today. Louisiana’s lien laws are no different than the rest of the country’s. And all in all, while there are some outlier problems with improper or frivolous liens, it doesn’t appear to be a problem gone wild.

With that said, Louisiana could do a better job of allowing a property owner to recover attorneys fees in the event they successfully remove a lien. While the law allows this now, it’s rarely awarded.

]]> By: Thad D. Ackel, Jr. http://constructionlienblog.com/2007/10/no-liens-clauses-are-they-valid/comment-page-1/#comment-4660 Thad D. Ackel, Jr. Wed, 09 Mar 2011 06:25:10 +0000 http://constructionlienblog.com/?p=11#comment-4660 If bonding wasn't so expensive and Louisiana required a higher burden to file liens, we wouldn't have such a cluster of frivolous clouds on title. Someone in Baton Rouge should put their thinking cap on. If bonding wasn’t so expensive and Louisiana required a higher burden to file liens, we wouldn’t have such a cluster of frivolous clouds on title. Someone in Baton Rouge should put their thinking cap on.

]]> By: Waiving Lien Rights in Illinois is Hard to Do | Construction & Mechanics Lien Blog http://constructionlienblog.com/2007/10/no-liens-clauses-are-they-valid/comment-page-1/#comment-438 Waiving Lien Rights in Illinois is Hard to Do | Construction & Mechanics Lien Blog Sat, 15 Aug 2009 10:23:00 +0000 http://constructionlienblog.com/?p=11#comment-438 [...] Waiving Lien Rights in Illinois is Hard to Do Published on July 20, 2009 by Scott Wolfe Jr On the Construction Lien Blog, we’ve written about lien waivers in the past.   In some states, lien rights can be waived before the start of a project (like in Virginia).  In others, law and public policy prevent such waivers (like in Louisiana). [...] [...] Waiving Lien Rights in Illinois is Hard to Do Published on July 20, 2009 by Scott Wolfe Jr On the Construction Lien Blog, we’ve written about lien waivers in the past.   In some states, lien rights can be waived before the start of a project (like in Virginia).  In others, law and public policy prevent such waivers (like in Louisiana). [...]

]]> By: Virginia Contractors CAN Waive Lien Rights http://constructionlienblog.com/2007/10/no-liens-clauses-are-they-valid/comment-page-1/#comment-37 Virginia Contractors CAN Waive Lien Rights Tue, 20 Jan 2009 14:01:14 +0000 http://constructionlienblog.com/?p=11#comment-37 [...] it is for Louisiana contractors to waive their rights to lien in a construction contract.   In that post it was explained that under Louisiana law, a party cannot waive a right that it may only possess in [...] [...] it is for Louisiana contractors to waive their rights to lien in a construction contract.   In that post it was explained that under Louisiana law, a party cannot waive a right that it may only possess in [...]

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