Jeff Nicolet will be presenting a seminar titled “Understanding and Using Construction Liens” on behalf of The Minnesota Subcontractors Association on February 14, 2017 in Roseville, Minnesota. The seminar will focus on the benefits and procedure for obtaining and enforcing Mechanic’s Liens in Minnesota. [Read more…]
2015 Construction Lien and Bond Update
Several states have made legislative changes to their construction lien and bond laws. This article provides a brief summary of some of the more significant changes in the state lien and bond laws for commercial projects over the last year. [Read more…]
New Changes to Pennsylvania’s Mechanic’s Lien Law
Pennsylvania recently amended its Mechanic’s Lien law.
A State Construction Notices Directory will be created for posting Owner’s Notice of Commencement, Subcontractor’s Notice of Furnishing, Owner’s Notice of Nonpayment, and Owner’s Notice of Completion. [Read more…]
Mississippi Legislature Enacts Changes to Construction Lien Statutes
The Mississippi legislature has taken action in response to a 2013 decision by the 5th Circuit Court of Appeals (see Mississippi’s “Stop Notice” Statute Declared Unconstitutional). That decision limited the rights of subcontractors and suppliers to assert a “stop notice” claim against the owner’s funds on a private construction project in Mississippi. [Read more…]
Mississippi Legislature Proposes Revisions to Construction Lien Statute
The Mississippi legislature has taken action in response to a recent decision by the 5th Circuit Court of Appeals (see Mississippi’s “Stop Notice” Statute Declared Unconstitutional). That decision limited the rights of subcontractors and suppliers to assert a “stop notice” claim against the owner’s funds on a private construction project in Mississippi. [Read more…]
Mississippi’s “Stop Notice” Statute Declared Unconstitutional
A recent decision by the 5th Circuit Court of Appeals (in Noatex Corp. v. King Construction of Houston, LLC, 5th Cir., Oct. 10, 2013) held that Mississippi’s Stop Payment statute is unconstitutional, thus taking away one of the few remedies available to subcontractors and suppliers on a private construction project in Mississippi. The court found that the statute interferes with a prime contractor’s right to due process, by depriving the prime contractor of an important property interest: The right to receive payment from the owner. As a result, the statute was found to be unconstitutional. [Read more…]
Changes to Missouri’s Lien Law for Rental Equipment
In Missouri, the deadline for service of a preliminary lien notice for rental equipment is very short. However, a new amendment to Missouri’s Mechanic’s Lien Statute will benefit claimants who want to enforce their lien rights for rental equipment. Effective August 28, 2013, the preliminary notice deadline changes from five (5) to fifteen (15) business days after the commencement of the use of the rental equipment. Additionally, a claimant is no longer required to include the rental rate on the preliminary notice. [Read more…]
WFJ to Present at the Northwestern Lumber Association’s 2014 Spring Conventions
WFJ will be presenting at the Northwestern Lumber Association’s 2014 spring conventions. The presentation of “Uncover the Legal Landmines that Can Blow Up Your Business” will focus on tools that can minimize and manage risk, reduce bad debt, avoid litigation and improve cash flow. The conventions will be held January 13-14 in St. Cloud, MN, February 5-6 in Middleton, WI, February 19-20 in Altoona, IA, and March 11-12 in Lavista, NE. [Read more…]
2013 Construction Lien and Bond Update
Several states have made legislative changes to their construction mechanic’s lien and payment bond laws. This article provides a summary of some of the more significant changes in the state lien and bond laws over the last year. [Read more…]
Do You Conduct Business in MN as a Subcontractor or Supplier?
Effective August 1, 2013, a new Minnesota law will go into effect that forbids general contractors from forcing subcontractors/suppliers to include insurance coverage to cover the negligence or intentional acts or omissions of others on a project. Currently, many subcontract agreements include requirements that force subcontractors/suppliers to purchase extra insurance coverage to cover the negligence and intentional acts of others, relieving the general contractor of liability and passing that liability to the subcontractors/suppliers. [Read more…]