Posts Tagged ‘Construction Law Musings’

Guest Post About Life Of The Mechanics Lien At Construction Law Musings

On January 13, 2012        

Guest Post About Life Of The Mechanics Lien At Construction Law Musings

A special thanks to Christopher Hill and his recommended Construction Law Musings blog, for letting me post for a record 5th time as part of his Guest Post Friday series. I love his construction law blog. He’s been blogging about construction law matters in Virginia for a few years, and he brings an unique voice to the construction law conversation out there on the Internets.

While I’ve focused on immigration issues my past submissions, this time, I wrote an article outlining the life of a mechanics lien claim: The Life Of A Mechanics Lien Claim: Preserve, Perfect, Enforce.

I really like how this post turned out, as it gives a big picture overview to the entire mechanic lien process. Here on this blog, I sometimes get bogged down on the nuances in mechanic lien law, addressing the little things that differ state-to-state.

It’s important to step back sometimes and take a view from above apporach to the liens laws, because while they vary drastically from state to state, there are a lot of underlying principles that are consistent. Understanding these principles can take companies a long way.

In any event, thanks to Chris, and I recommend heading his way to read the article.

Posted in:     Web Updates  /  Tags: ,   /   1 Comment

Can Contract Provisions Alter Your Lien Rights?

On April 15, 2011        

My friend Chris Hill recently posted a blog post on Construction Law Musings discussing a recent Virginia trial level decision in TWP Enterprises v. Dressel, wherein the court addressed the question of whether contractual provisions can alter a party’s mechanic lien rights.  The blog post is highly recommended:  Where Mechanic’s Liens and Contracts Collide.

Chris explains the issue in the case well:

[T]he Court considered a provision of a contract between the TWP Enterprises, a supplier of materials to the construction project, and the builder for the defendant. The provision between the supplier and builder essentially stated that until such time as TWP’s materials were paid for in full, TWP kept title to them…

The owners argued – essentially – that since the supplier maintained ownership interest in the materials, they had – in effect – waived their right to lien the project, because they couldn’t lien their own materials.

As an attorney, this argument seems dubious at best; one that doesn’t pass the “smell test.”  With that said, it does have a logical foundation and I suppose I understand how the attorneys got this concept.

The Virginia trial court gave four or five different reasons in rejecting the argument and holding that the mechanic lien was indeed valid. One of the enumerated reasons that caught my attention was one directed to Virginia’s public policy, summarized by Chris in his blog post as follows: “To enforce the provision described above as argued by the owners would create and implied waiver of lien rights.”

In other words, this argument would allow the suppliers – in a round-about way – to waive their lien rights before performing work. And this, as we previously discussed on the Construction Lien Blog – isn’t allowed in most states.

Posted in:     Lien Law Alerts, Mechanic Liens  /  Tags: , , , ,   /   2 Comments

Alert: Virginia General Assembly Tweaks Mechanic’s Lien Notice Requirements

On July 15, 2010        

Alert: Virginia General Assembly Tweaks Mechanic’s Lien Notice RequirementsWe’re pleased to welcome Christopher Hill back to the Construction Lien Blog for this guest post, bringing information about important changes to mechanic lien statutes in Virgina.  Christopher G. Hill is lawyer and owner of the Richmond, VA firm, The Law Office of Christopher G. Hill, PC, a LEED AP, and member of Virginia’s Legal Elite in Construction Law. He specializes in mechanic’s liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals. Mr. Hill authors the Construction Law Musings blog where he discusses legal and policy issues relevant to construction professionals.

I want to thank Scott for, once again, letting me guest post here at the Construction and Mechanic’s Lien blog.

I have discussed the picky nature of Virginia mechanic’s liens often over at my Construction Law Musings blog. Not only are the requirements and details strictly enforced, but the Virginia General Assembly seems to feel the need to tweak them in each of its sessions.

The latest change involves the use of a mechanic’s lien agent on residential projects. Beginning at the start of this month, July 1, 2010, a contractor can no longer depend on the failure of the owner to list a mechanic’s lien agent on the posted building permit. The new statute requires that a contractor go beyond merely reading the building permit and make a reasonable inquiry with the local building authority to determine the identity of the mechanic’s lien agent.

Another key change to this provision allows an owner to amend a building permit to add a mechanic’s lien agent at a date sometime after the beginning of construction. Based on this change to the statute, contractors must be constantly vigilant to any lien agent changes to assure that their required 30 day notices to the agent are properly filed because the owner is likely to bring a defense of failure to give notice by a contractor or subcontractor (regardless of if the trade is finished or not) should such notices remain un-filed or un-amended.

Aside from the obvious need to keep abreast of the changes to the mechanic’s lien statutes in Virginia, contractors and other construction professionals must also update their long standing policies for notices on residential projects. Consultation with an experienced construction attorney is key in assuring that you are both up to speed on legislative and judicial changes and that your business procedures take such changes into account.

Posted in:     Lien Law Alerts, The Legal Corner  /  Tags: , , ,   /   4 Comments

Christopher Hill Launches Great Resource for Virginia Mechanic Liens

On January 21, 2010        

Our friend at Construction Law Musings, Virginia construction attorney Christopher Hill, just add a really great resource to his top-notch construction law blog for those interested in construction liens.  A Mechanic’s Lien Page.

Before the lien page, Musings was already a great source of  information on Virginia lien laws.  The new page really organizes that data.

Here are a few of the articles you can find within the new section:

A Lien By Any Other Name Can Sound Just As Sweet (written by yours truly)

Q:  What can you lien?  A: What did you bring to the project?

Contracts, Liens and Notices

Enjoy.

(P.S. If you’re looking for information on Virginia’s lien scheme right here at the Construction Lien Blog, you can just check out our Virginia tag.    It even includes a post by Chris Hill).

Posted in:     The Legal Corner  /  Tags: , ,   /   1 Comment

Scott Wolfe Contributes Guest Post on Construction Law Musings

On January 8, 2010        

Big thank you to our friend Christopher Hill who operates the Construction Law Musings blog for allowing me to become his blog’s first three-time Guest Post Friday writer.

This morning, Musing’s published a blog post I wrote titled “A Lien By Any Other Name Can Sound Just As Sweet.”

The article provides readers with a broad overview of the lien-like remedies available to them, as they differ based upon the classes of projects.   In large part, the article explains the difference between a traditional lien (filed against the property on private projects) and a “claim” type of lien (filed against a bond on a state and federal project).

Of course, this post only skims the surface, but sometimes, it’s the basic information that is needed to help folks understand the details.   And why is it important to understand these details?   The article on Musings concludes with that answer as follows:

Regardless of what class of project you’re working on, a lien-like remedy is probably available to you in the event of non-payment. However, it’s critical to understand the different remedies available at the onset of construction, for each remedy carries different pre-lien or pre-claim requirements.

Take a look at the article by clicking him, and be sure to subscribe to Christopher’s blog which posts great information relevant to those in the construction industry.

Posted in:     The Legal Corner  /  Tags: ,   /   1 Comment
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