Publications

Section Newsletter Articles on Mechanics Lien

Rationale for statutory mechanics lien release bonds By W. Matthew Bryant Construction Law, October 2014 Although mechanics liens are intended to protect those who provide work and improve the value of real property, the mechanics lien can be used as a method of obtaining leverage for a lien claimant out of proportion to the amount of the lien claim.
Navigating mechanics liens through hostile “ground lease” territory By Phillip R. Van Ness Real Estate Law, October 2011 Most real estate practitioners are well acquainted with the common “Ground Lease” and the even more common Mechanics’ Lien. But reconciling these stalwart fixtures of real property law can pose practical problems which are magnified in the current real estate market.
Death of the mechanic’s lien? By Richard C. Jones, Jr. Real Estate Law, May 2011 As a result of LaSalle Bank National Association v. Cypress Creek I, LP, the mechanic’s lien no longer provides protection to contractors.
Residential contractors (and subcontractors) BEWARE! The Home Remodeling and Repair Act prevents mechanic’s liens on a residence when there is an oral contract for work that exceeds $1,000 By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, August 2008 In January of 2000, a law went into effect which makes it unlawful for any person engaged in the business of home repairs and remodeling to remodel or make repairs or charge for remodeling or repair work over $1,000 without first obtaining a signed contract or work order.