Search for: "Non-Record Lien Claimants" Results 1 - 20 of 89
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25 May 2021, 12:07 pm by B. Michael Clark, Jr.
Claimants’ most reliable means to secure payment is through the lien law, but only if they perfect their rights. [read post]
5 Jan 2021, 1:06 pm by James Vann
  In some states the owner can avoid the application of the lien by the recording and/or posting of a notice indicating that the owner has not contracted for the work, sometimes known as a notice of non-responsibility. [read post]
12 Jul 2023, 12:35 pm by James O. Birr, III, Esq.
The amendment also requires that, for a bond claimant not in privity with the contractor and who has not been paid, that it also serve a copy of the notice of non-payment on the surety (and not just on the contractor). [read post]
12 Jul 2023, 12:35 pm by James O. Birr, III, Esq.
The amendment also requires that, for a bond claimant not in privity with the contractor and who has not been paid, that it also serve a copy of the notice of non-payment on the surety (and not just on the contractor). [read post]
21 Jun 2012, 5:52 am by Matthew C. Bouchard, Esq.
  Once a claim of lien on real property is filed, however, the title insurer has  “record notice” of that claimant’s project involvement. [read post]
24 Feb 2014, 5:55 am by Matt Bouchard
  Under this approach, the claimant’s lien for a tenant improvement will extend to the record owner’s fee simple interest if the owner has knowledge of the improvement. [read post]
26 Sep 2017, 9:00 pm by clc-admin
The exact obligation of trustees regarding bank accounts and records will be explored in subsequent case law. [read post]
27 Sep 2017, 4:49 pm by Thomas G. Heintzman
The exact obligation of trustees regarding bank accounts and records will be explored in subsequent case law. [read post]
3 May 2017, 8:29 am by Thomas G. Heintzman
The court should be allowed to find, where there is wilful exaggeration, that the lien claimant is liable for any damages incurred as a result of the exaggerated claim, including bond premiums, costs, and, where the court considers it just, the lien amount should be reduced by an amount up to the amount of the difference between the wilfully exaggerated amount and the actual amount of the lien claim; provided that a defence of good faith should be available to the… [read post]
1 Jul 2013, 6:00 am by Christopher G. Hill
The Mechanic’s Lien Cloud Returns…A Cloud on the Horizon for Mechanic’s Lien Claimants…A Couple of Interesting Construction Law Cases [read post]
20 Dec 2012, 7:44 am by Glenn R. Reiser
 When a lien claim is filed, the owner or prime contractor may pay the amount of a valid claim directly to the claimant and  credit that payment against the subcontract price. [read post]
3 Sep 2014, 5:57 am by Matt Bouchard
The landlord brought these facts to the lien claimant’s attention over and over and over again throughout the litigation. [read post]
25 May 2012, 2:11 am by Peter Vodola
(ii) specified that any future claimants with claims arising from purported liens in the Assets could bring those claims against only the sale proceeds, and (iii) enjoined such future claimants from asserting those claims against the Assets or the Purchaser . . . . [read post]
7 Aug 2012, 6:05 am
   The Supreme Court of New York took the position that the plaintiffs were responsible for satisfying the Medicare lien considering that when settlement was placed on the record, plaintiff's' counsel stated that they would hold harmless and release the settling defendants from the Medicaid and Medicare liens. [read post]
7 Aug 2012, 6:05 am
   The Supreme Court of New York took the position that the plaintiffs were responsible for satisfying the Medicare lien considering that when settlement was placed on the record, plaintiff's' counsel stated that they would hold harmless and release the settling defendants from the Medicaid and Medicare liens. [read post]
8 May 2018, 7:12 am by James O. Birr, III, Esq.
  If there is a bond required for the public construction project, it must be recorded in the public records where the project is located. [read post]
23 May 2012, 9:03 am by Matthew C. Bouchard, Esq.
In an effort to clarify the rights of lien claimants when a party higher up in the contractual chain petitions for bankruptcy protection, changes to N.C. [read post]