Category archive: Mechanics Liens

New Protections for Interior Design Professionals

Under new legislation, interior designers are now protected under the Illinois Mechanic’s Lien Act. Contractors and owners in Illinois should now include interior design professionals in their list of sub-contractors from whom they should require a release of mechanic’s lien upon payment. By Sue Schultz

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Mechanic’s liens are without a doubt a subcontractor’s best collection tool when there are payment problems. The sources of its power are (1) the risk that the property will be sold to satisfy the lien, (2) the threat that the owner, in order to prevent foreclosure, may have to pay the subcontractor even if the…

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Important Ruling on Mechanic’s Lien Deadline

On December 5, 2017, the Missouri Court of Appeals clarified a long-standing question as to when a mechanic’s lien action ‘commences’ pursuant to Missouri Revised Statutes § 429.170, which requires a lien claimant to file a petition to enforce its lien within six months of filing its lien claim. In Bray v.Sexton, et al., Cause…

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Mechanic’s Liens and Bankruptcy: Can You Still File a Mechanic’s Lien after a Bankruptcy has Been Filed?

The answer is yes, if your state mechanic’s lien laws provide that the lien “relates back” to a time before the bankruptcy case was filed. However, if you are in a state where your mechanic’s lien does not relate back, the automatic stay prevents you from filing your mechanic’s lien and may void your mechanic’s…

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LEED Certification on the Decline while Energy Efficiency is on the Rise

LEED (Leadership in Energy & Environmental Design) certification is one of the most popular green building certification programs that is used throughout the world.  The program was developed by the U.S. Green Building Council to provide building owners and developers with a framework to identify and implement practical design, construction, and maintenance of green buildings…

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Mechanics Liens – When is a structure not lienable?

Mechanic’s liens are legal creations that protect persons who improve real estate.  Contractors and sub-contractors should beware, however, that not all structures that might, to a layman, seem to be a lienable improvements to real estate, are legally lienable.  A case in point is the wind energy system that was built on property pursuant to…

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Repeal Prevails on Prevailing Wage (sometimes)

Most states, including Missouri and Illinois, but not Kansas, have some form of prevailing wage law on the books. These statutes are commonly referred to as “Mini-Davis Bacon Acts” because they, to varying degrees, are patterned after the federal law enacted in 1931 mandating the payment of the prevailing wages for the locale on public…

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Liens Survive: The Apple Cart is Restored

It has long been established law in Missouri that subcontractors, under certain circumstances, may enforce mechanics’ liens against the owner’s interest in a shopping center (or other real estate leased to tenants) even where the prime contract is between the tenant and a general contractor, not the owner of the real estate. However, this well…

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