Monthly Archives: September 2013

What is the reason of the Notice to Owner

The simple reason for this is, to protect you lien rights in the event you do not get paid. However, the Notice to Owner lets the owner know who is working on the  property and, therefore, who could potentially lien the project if they do not get paid.    Now this happens that the owner pays the general contractor but the general contractor does not pay the money to the sub contractor and suppliers . If this happens the sub contractor and suppliers, could lien the project. Please check with your Attorney.


Changes in Louisiana Lien Statutes

In Louisiana the past year Louisiana legislature made into law a handful of amendments and has changed the Notice requirements , the time  for enforcement of the lien claimants under the Private Works Acts. The major change is the lien claimant is now required to file a suit within 1 year of  the recorded Statement of Claim or Privilege. The previous deadline to file the suit to enforce the claim was a year after the expiration of the time to file a lien.

Also lessors of movables are now required to provide the owner and
contractor with a signed copy of the lease agreement identifying the terms of
rental and of payment.  Finally, a  recent jurisprudence which spoke of the
requirement of itemization in a Statement of Claim or Privilege with out delay have
legislative changes to clarify that unpaid invoices have  to be attached
to a Statement of Claim or Privilege only if the lien specifically states that
such invoices are attached. Please check with your attorney.

Florida, What is a Notice to owner/Notice to Contractor

If you are a Sub-Contractor, or Sub-Sub-Contractor even a Sub-Sub-Sub Contractor, in order to protect your lien rights against the real property where you are working, you must serve a Notice to Owner/Notice to Contractor (“Notice”).  The “Notice” must be served within 45 days from the 1st day on the job. The Notice to owner must be in the form provided in 713.06, Florida Statutes.   Your dates are very important as well as obtaining as much information about the owner and/or General Contractor.  Always request a copy of either the permit or a copy of the recorded Notice of Commencement.

If you choose not to serve a “Notice” to the Owner and General Contractor then you will have forfeited your rights to Claim a Lien in the event the Owner and/or General Contractor do not pay you for your service. Please check with your attorney.

Georgia Chanes in Lien Law Statute

In May the Georgia legislature enacted , the Georgia governor signed into  law and amended to the Lien Law which will expand the area of labor ,equipment and services and materials could be included in a Claim of Lien in Georgia.

The amended Georgia Code Sections 44-14-361(c) and (d) will now  allow a lien claim to include in a claim of lien “the amount due and owing the lien claimant under the terms of its express or implied contract, subcontract, or purchase order.”  As a result of this amendment, lien able amounts now may include contractor and supplier general conditions costs, as well as other support costs, profit and pre-judgment interest established by the contract. Please check with your attorney.

Who Will This Site Benifit?

This site was built to benefit general contractors, sub contractors, such as electricians, painters , concrete contractors, roofers, mechanical contractors , landscape, plumbers ,drywall, HVAC, masonry, plasters,  carpenters, fabricators,  design professionals such as landscape architects, material suppliers, or rental equipment suppliers. Also Industry professionals such as accounting, that use construction software. This is some of the Construction Industry fields that can use this site .

What is is a Do It Yourself web site. We went ahead and produced a website for those in the Construction Industry. We have a step by step example on our video on how to fill in the questionnaire. This is the part you should have the answers to the questions. has the forms for your Liens, releases, waivers, Notice of Intent just to name a few. No matter how big or small your company is our site is available 24/7 for your use. There are different packages to purchase, and as low as $9.95. This site is for the Construction Industry .

Missouri’s Mechanics lien

There has been changes pertaining to a claim of lien of rental equipment or machinery. This will take place Aug 28, 2013 . The state statute will not apply for those who rented machinery and or equipment in doing there work, it is to those claiming a lien for rental of the machinery  and or equipment on a commercial project. This claim of lien is allowed for a claim that is worth more than $5,000.00 for the rental of the equipment., while on the property that they are working on, and it does not require proof of use of the machinery and or equipment on the property.

This change includes 1) given time by giving the property owner written notice about the rental equipment or machinery is being used on there property. The amount of time has changed from 5  to 15 business days from the commencement of the use of the equipment or machinery. Please check with your attorney


Claims for Defects of claim of liens

The filing of a lien is required for a general contractor, subcontractor to protect their Lien rights so they may be compensated for the work that they had performed. Subcontractors ,contractors need to understand the laws in there states that they are working in. When working with construction liens, the timing and content of the lien is very important. If there are missing dates, names of property owners or even a legal description these are just a few , may cause a defect in your lien. Please check with your attorney in your state.

Oregon Lien Law changes

The Oregon court of appeals recently confirmed that persons that accept a mortgage or trust deed as a security for a construction lien debt may forfeit their right to a lien claim.

Also note that the Oregon legislature repealed its “stay of foreclosure” law that allowed property owners to stay a construction lien law foreclosure action by filing a complaint with the Construction Contractors Board. The repeal is only a temporary effect and will resume in 2017. Please check with your attorney.

New Jersey Lien Law

Now that the January 2011 amendments to the New Jersey Construction Lien Law have been in effect for over two years, the New Jersey chapter of LienLaw Online has been updated to reflect the latest case authority interpreting these amendments. These cases, many of which are unreported, address the following issues:  

  • Construction Lien Law arbitration;
  • Liens against leasehold interests;
  • Stay of lien foreclosure action pending arbitration;
  • Obligation of materials supplier to lien the proper project by a contractor with multiple, open accounts;
  • Imposition of equitable liens when construction lien claim may not be asserted; and
  • Explanation of monetary relief available to aggrieved party where lien willfully overstated