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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Very Timely Article by Dick Stockenberg on Contractor Lien/Bond Rights in Missouri

EITHER LIENS OR BONDS OR NEITHER A CRACK IN THE SEAMLESS CONTINUUM OF PAYMENT PROTECTION Richard A. Stockenberg The decision by the Supreme Court of Missouri in Brentwood Glass Company, Inc. v. Pal’s Glass Service, Inc.,  creates a crack in the seamless continuum of payment protection previously afforded to subcontractors on non-residential construction projects in…

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Subcontractors Beware:

An Illinois appellate court has held that buyers of residential property may maintain an action against subcontractors who provided labor in the construction of their home, if there is a defect in their home that makes it not suitable for its intended purpose as a residence. Sienna Court Condominium Ass’n v. Roszak/ADC, LLC, No. 122022,…

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Missouri Recently Adopted More Licensure Rules For Electricians?! Why?!

For most electricians, the thought of having to get yet another license is a nightmare. Now don’t freak out, but Missouri’s legislature has created one more license for electricians. This new license, however, may not be the nightmare you expect. In fact, many are calling this new license the relief Missouri has desperately needed. Up…

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President Trump Nominates Scott Mugno of FedEx to Head OSHA

On Monday, October 27, 2017, President Trump nominated Scott Mugno, currently the vice-president for safety at FedEx Ground, to be the new head of the Occupational Safety and Health Administration (OSHA). Mugno is well known in Washington among members of business-oriented organizations. So, what does this mean for employers? Well, Jordan Barab, Deputy Assistant Secretary…

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Federal Contractors: Are You Complying With New Paid Sick Leave Requirements?

Executive Order 13706 established paid sick leave requirements for federal contractors and subcontractors and went into effect on January 1, 2017.  Non-complying contractors are subject to monetary damages, attorneys’ fees, equitable relief, and/or debarment from future contracts. How Many Hours Of Paid Sick Leave Are Required? Fifty-six (56) hours annually. Unless employers elect to give…

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Sub left holding empty bag: No lien, no bond claim, big problem

Subcontractors are accustomed to believing their payments are secured by either a mechanic’s lien or a payment bond, sometimes both. For example, when the public utility, AmerenUE, convinced the Missouri Court of Appeals that due to its quasi-governmental status, it should be immune from mechanic’s liens, the court went on to say that AmerenUE would…

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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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Certification – Have you thought about the future?

There are three main types of enterprise certifications for businesses: Women-Owned Business Enterprise (“WBE”), Minority-Owned Business Enterprise (“MBE”) and Disadvantaged Business Enterprise (“DBE”). To obtain certification, the ownership, management, and control must be at least 51% women, minority or disadvantaged, depending on which certification you are obtaining. As those who are certified know, these certifications…

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