Monday, June 29, 2015
Virginia General Assembly Bans Certain Prospective Lien Waivers
Effective July 1, 2015, Virginia law will no longer allow a general contractor to require a subcontractor, lower tier subcontractor or material supplier to waive lien rights prior to beginning work. The legislature amended Va. Code § 43-3.C to state that no subcontractor, lower tier subcontractor or material supplier may waive or diminish its lien rights in a contract prior to furnishing any labor or materials and that such clauses entered into prior to furnishing labor or materials are null and void. All other parties can waive their lien rights at any time, including prior to beginning work. A general contractor could therefore still be required by the owner to waive it’s own lien rights in the contract.
John S. Morris, III Esquire (Contributing Author)
Beale, Davidson, Etherington & Morris, P.C. (www.bealelaw.com)
Tuesday, June 23, 2015
Self-Service Storage Liens
Under the New Mexico Self-Service Storage Lien Act,[ a self-service storage facility owner is entitled to a lien on all personal property located at the self-service storage facility for the rent, labor or other charges incurred in relation to the property. The lien attaches to the personal property at the time that the renter goes into default under its rental agreement and continues until such time as the default is corrected, a sale of the property is conducted or the property is otherwise disposed of. If the renter is in default under the rental agreement for a period of five days, the owner may deny the renter access to the storage space. If the default continues for a period of thirty days, the owner may enter into the storage space and remove the personal property to a safe place, provided that the owner has sent a notice of intent to enforce a lien to the renter’s last known address within five days of entering the space.
A notice of intent to enforce a lien for purposes of the New Mexico Self-Service Storage Lien Act must include 1) an itemized statement of the amounts due and the dates when they became due; 2) a brief description of the property subject to the lien; 3) a notification of denial of access to the property, including the name, street address and telephone number of the person who may be contacted in responding to the notice; 4) a demand for payment within a specified period of time, which cannot be less than fifteen days; and 5) a conspicuous statement that unless the claim is paid within the time stated, the personal property may be advertised for sale or other disposition and then sold to satisfy the lien. Effective July 1, 2015, the notice of intent to enforce a lien may be made by verified mail or electronic mail, at the renter’s election made at the time of entering into the rental agreement. If the owner provides notice by electronic mail and receives no response, return receipt or delivery confirmation within three business days, the owner must deliver notice by verified mail to the renter’s last known address.
After expiration of the time set in the notice of intent to enforce a lien, the owner must publish an advertisement for sale or other disposition once a week for two consecutive weeks in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement must include a general description of the property to be sold, the address of the self-service storage facility, the name and last known address of the renter and the time, place and manner of sale or other disposition.
Sean Calvert, Esquire (Contributing Author)
Calvert Menicucci, P.C. (www.hardhatlaw.net)