California Mechanics’ Lien Case Treads Both Old and New Ground
People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a…
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
California provides three statutorily recognized construction payment remedies: (1) mechanics liens; (2) stop payment notices; and (3) payment bond claims. Each is intended to provide payment…
California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration
It bugs the Mrs. that I have a habit of reading the directions. “Just plug the darn thing in!” said the Mrs. when we got a…
2018 California Construction Law Update
The California State Legislature introduced 2,495 bills during the first year of the 2017-2018 Legislative Session. Of these, 859 were signed into law. While much political…
The Project “Completion” Paradox in California
We’ve written before about why the date of “completion” on a California construction project is important, and why, if I may be blunt, determining that date…
New Notary Language For California Mechanics Lien Releases and Stop Payment Notice Releases
Thanks to Scott Wolfe, Jr. over at ZLien for bringing this to my attention: Effective January 1, 2015, the notary language required for Certificates of Acknowledgment –…
My Construction Law Wish List
I’ve been good this year. Not great mind you, but good, and good is the standard, right? So, here’s my construction law wish list this holiday…
10 Answers to Those Nagging Mechanics Lien Questions Keeping You Up at Night. Kind of
Construction lawyers may not ponder the great questions in life. We leave that to the estate planning attorneys. But ponder we do. And the next case,…
Contractors: Beware the Subordination Clause
A bit of mechanics lien trivia. What is the only state in the United States in which mechanics liens are a constitutional right? If you answered California, ding,…
Just Because You’re in Line Doesn’t Mean You’re Gonna Get Your Turn
This past week two of my colleagues – Bruce Scheidt, our firm’s Managing Shareholder, and Bruce Emard – wrote about a new case involving lien priorities…
The Mechanics of Mechanics Liens
One of the most effective payment remedies for direct contractors, subcontractors and material suppliers is the mechanics lien. First conceived by Thomas Jefferson to encourage construction…
Sharp Elbows, Slapbacks and the Law
“Boggling” said the trial court judge. “[I]t totally boggles my mind, because you could agree to anything, anything . . .” And that’s exactly what they…
