Lien Law Online eLert for 9/10/2013 - Louisiana

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

Lien Law Online eLert for 9/4/2013 - Virginia

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.

Lien Law Online eLert for 8/13/2013 - Nevada

August 13, 2013

The Nevada chapter has been updated.  The only substantive change was that the population increased from 400,000 to 700,000 in the section entitled “Special Requirements for Lessess.”  In addition, the “Discharge or Release of Notice of Lien” form has been revised.

Dennis R. Haney, Esquire (Contributing Author)

Cotton, Driggs, Walch, Holley, Woloson & Thompson

Lien Law Online eLert for 8/12/2013 - Florida

August 12, 2013

The Florida chapter has been updated to include expanded information regarding Conditional Payment Bonds and rights to lien leaseholds. Conditional payment bonds are becoming more prevalent in Florida and impact the rights of contractors, subcontractors and material suppliers. Improvements on leased property present special challenges due to the limited extent of lien rights afforded.

Brian A. Wolfe (Contributing Author)

Smith Currie & Hancock, LLP

Lien Law Online eLert for 8/9/2013 - New Jersey

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. 

Dennis A. Estis, Esquire  Contributing Author

Steven Nudelman, Esquire  Contributing Author

Greenbaum, Rowe, Smith & Davis LLP

Lien Law Online eLert for 8/6/2013 - Missouri

August 6, 2013

Changes to Missouri's Mechanic's Lien Statute pertaining to a lien claim for rental of machinery or equipment will go into effect August 28, 2013.  This statute does not apply to those who use rented machinery or equipment in performing their work, rather it applies to those claiming a lien solely for the rental of the machinery or equipment on a commercial project.  Such a lien is permissible for a claim that exceeds $5,000.00, for the reasonable rental value of the equipment, while on the subject property, and does not require proof of use of the machinery or equipment on the property.

The changes include, first, the time for giving the property owner written notice that rental machinery or equipment is being used upon their property.  The time for notice has changed from five to fifteen business days from the commencement of the use of the equipment.  In addition, inclusion of the rental rate as a part of the written notice is no longer required.  As such, the written notice required must now include only the identity of: (1) the name of the entity that rented the machinery or equipment; (2) and the machinery or equipment being rented. 

Darcy V. Hennessy & Leslie A. Boe (Contributing Authors)

Hennessy, Boe & Gondring, P.A