Real Estate Law

Recent Posts

Reminder: Your MLA Notice Must Have Your License Number
Posted on 15 Jan 2015 by Christopher G. Hill

Remember a couple of years ago when the Virginia mechanic’s lien rules changed to require inclusion of a claimant’s contractor’s license number (where a license is required) ? If not, then this is a reminder of that particular wrinkle... Read More

Mechanic's Liens: Part 1.Technical Risks
Posted on 10 Feb 2015 by Vandeventer Black LLP

By John Lockard , Partner, Vandeventer Black LLP Virginia law provides for a mechanic lien intended to insure payment to persons who supply labor or materials for construction projects. On first blush, the requirement is simple – to file the... Read More

Just When You Thought General Contractors Were Necessary Parties. . .
Posted on 20 Jan 2015 by Christopher G. Hill

Did you think that a subcontractor had to name a general contractor in a mechanic’s lien suit? I did. Did you think that nothing about this changed in the case where a Virginia mechanic’s lien was “bonded off” pursuant to Va. Code... Read More

Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers
Posted on 14 Apr 2015 by Christopher G. Hill

You know how I’ve stated on many occasions that the contract is king here in Virginia? You know how that included contractual provisions waiving mechanic’s lien rights for subcontractors and suppliers? You know how I thought that the General... Read More

2014 California Roundup of Mechanics Lien Decisions: Most Were Pro-Claimant, But Construction Lenders Did Well Too
Posted on 2 Feb 2015 by LexisNexis Legal Newsroom Staff

By Mr. William Michael Hensley Get the latest expert analysis on California mechanics liens cases. This article covers recent cases and their practical implications. Excerpt: Effective on January 1, 2011 and then July 1, 2012, California overhauled... Read More

Mechanic’s Liens Demand “Perfection” in Virginia
Posted on 27 Jan 2015 by Troutman Sanders

By Bradfute "Brad" W. Davenport, Jr. and Stanley W. Hammer Mechanic’s liens can be powerful devices for contractors to secure payment. They receive priority over most other liens, and once a mechanic’s lien is recorded, the... Read More

Does Pennsylvania Law Permit Contractors And Owners To Extend the Six-Month Filing Deadline By Agreement?
Posted on 30 Oct 2014 by Babst Calland

By Dylan B. Spadaccino It is not uncommon for a subcontractor, for example, to call his or her attorney regarding filing a lawsuit against the prime contractor, 13 months after the dispute arose, only to learn that buried deep within the 50 page, single... Read More

Pennsylvania Amends Mechanics’ Lien Law to Create New Notice Procedures and Requirements
Posted on 4 Nov 2014 by Babst Calland

By James D. Miller, Esq. On October 14, 2014, Governor Tom Corbett signed into law Act No. 142 (the “Act”), [ enhanced version available to lexis.com subscribers ], amending the Pennsylvania Mechanics’ Lien Law, 49 P.S. 1101 et... Read More

Construction Law 2014: A Year in Review – RESCHEDULED DUE TO WEATHER
Posted on 23 Mar 2015 by Babst Calland

Due to the weather for Thursday, March 5, 2015, Babst Calland’s Construction Law 2014: The Year in Review seminar has been rescheduled and will now be held on Wednesday, March 25, 2015. We apologize for any inconvenience this may cause you, and... Read More

Back Posting with Thoughts on Lien Waivers
Posted on 25 Jun 2015 by Christopher G. Hill

After a week of being unable to post due to the rigors of my solo construction practice , I’m back on the blogging train. For those of you that missed my new musings this past week, I hope that you had a chance to look through some of the past Guest... Read More

North Carolina Mechanic’s Lien Rights: The Short Summary©
Posted on 24 Mar 2015 by Vandeventer Black LLP

By Neil Lowenstein , Attorney, Vandeventer Black LLP [1] Generally speaking, the North Carolina code structure gives two types of liens: 1) a claim of lien on real property; and 2) a claim of lien on funds. Attorney’s fees can also be discretionarily... Read More

Proposed Amendment to Mechanics’ Lien Law Seeks to Give Architects Lien Rights in Pennsylvania
Posted on 9 Jun 2015 by Babst Calland

By Marc J. Felezzola Representative Dan Truitt , a Republican serving part of Chester County, Pennsylvania, recently proposed as House Bill 430 legislation, [ enhanced version available to lexis.com subscribers ], that seeks to amend the Pennsylvania’s... Read More

Mechanic's Liens: Part 2. Practical Risks
Posted on 11 Feb 2015 by Vandeventer Black LLP

By John Lockard , Partner, Vandeventer Black LLP A mechanic’s lien is a powerful tool to secure payment for construction work. As discussed in the last article, however, there are technical requirements to prepare a mechanic’s lien. Heads... Read More