Wednesday, September 11, 2013
September 10, 2013
This past year the Louisiana legislature enacted a handful of amendments which have changed the notice requirements and time for enforcement of certain lien claimants under the Private Works Acts. The most important change is that a lien claimant is now required to file suit within one year of the recordation of its Statement of Claim or Privilege, whereas before the deadline to file suit to enforce the claim was one year after the expiration of the time to file a lien. In addition, 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. Lastly, recent jurisprudence which addressed the requirement of itemization in a Statement of Claim or Privilege prompted legislative changes to clarify that unpaid invoices are required to be attached to a Statement of Claim or Privilege only if the lien specifically states that such invoices are attached.
H. Bruce Shreves (Contributing Author)
Peter S. Thriffiley, Jr. (Contributing Author)
Simon Peragine Smith & Redfearn LLP
Monday, September 9, 2013
September 4, 2013
VIRGINIA LIEN LAW CHANGE Please note that there has been a change to Virginia’s lien law. Lien claimants that provided labor for the construction of an improvement must hold a valid license or certificate from the Virginia Board of Contractors in the proper class of license for the value of the work performed in order to have a valid lien. The claimant must have the license when the work is performed. It will not be sufficient to obtain a license after the work is performed, but before the lien is filed. The forms for mechanics’ liens by general contractor, subcontractor and sub-subcontractor that can be linked from the Virginia Chapter have been modified to add lines necessary to establish the existence of the claimant’s contractor’s license or certificate.
John S. Morris, III, Esquire (Contributing Author)
Beale, Davidson, Etherington & Morris, P.C.