Comments on: Be Ready to Lien in 2009 (but Be Careful!) http://constructionlawva.com/be-ready-to-lien-in-2009-but-be-careful/ Thoughts on the construction landscape from Christopher G. Hill, Virginia construction lawyer, LEED AP and member of the Virginia Legal Elite in Construction Law Wed, 16 May 2012 03:55:20 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: More Musings on Mechanic’s Liens in Virginia | Construction Law Musings- Richmond, VA http://constructionlawva.com/be-ready-to-lien-in-2009-but-be-careful/comment-page-1/#comment-5261 More Musings on Mechanic’s Liens in Virginia | Construction Law Musings- Richmond, VA Mon, 17 Oct 2011 13:26:05 +0000 http://constructionmusings.solopracticeuniversity.com/2008/12/be-ready-to-lien-in-2009-but-be-careful/#comment-5261 [...] from a poor property description that leaves the least bit of ambiguity to failure to identify the capacity of the person signing the memorandum affidavit to incorrect apportionment of your lien to a subdivided property [...] [...] from a poor property description that leaves the least bit of ambiguity to failure to identify the capacity of the person signing the memorandum affidavit to incorrect apportionment of your lien to a subdivided property [...]

]]> By: 150 Reasons to Talk to a Construction Lawyer Early in a Project | Construction Law Musings- Richmond, VA http://constructionlawva.com/be-ready-to-lien-in-2009-but-be-careful/comment-page-1/#comment-4245 150 Reasons to Talk to a Construction Lawyer Early in a Project | Construction Law Musings- Richmond, VA Mon, 11 Apr 2011 13:55:35 +0000 http://constructionmusings.solopracticeuniversity.com/2008/12/be-ready-to-lien-in-2009-but-be-careful/#comment-4245 [...] 150 day rule is here to stay.  In an economy where mechanic’s liens may be the best (and possibly only) protection for a construction professional on a particular construction project, keeping it in mind is a [...] [...] 150 day rule is here to stay.  In an economy where mechanic’s liens may be the best (and possibly only) protection for a construction professional on a particular construction project, keeping it in mind is a [...]

]]> By: How to remove a mechanics lien http://constructionlawva.com/be-ready-to-lien-in-2009-but-be-careful/comment-page-1/#comment-3689 How to remove a mechanics lien Tue, 30 Nov 2010 16:36:13 +0000 http://constructionmusings.solopracticeuniversity.com/2008/12/be-ready-to-lien-in-2009-but-be-careful/#comment-3689 [...] Constitution and the Texas Property Code (Texas sometimes can be as picky as Virginia: read here at Construction Law Musings).  Another reason for which a lien can be invalid is due to reasons of fraud (such as a contractor [...] [...] Constitution and the Texas Property Code (Texas sometimes can be as picky as Virginia: read here at Construction Law Musings).  Another reason for which a lien can be invalid is due to reasons of fraud (such as a contractor [...]

]]> By: Be Ready to Lien in 2009 (but Be Careful! – the impact of engineering) http://constructionlawva.com/be-ready-to-lien-in-2009-but-be-careful/comment-page-1/#comment-3145 Be Ready to Lien in 2009 (but Be Careful! – the impact of engineering) Thu, 05 Aug 2010 18:48:59 +0000 http://constructionmusings.solopracticeuniversity.com/2008/12/be-ready-to-lien-in-2009-but-be-careful/#comment-3145 [...] Construction Law Musings- Richmond, VA [...] [...] Construction Law Musings- Richmond, VA [...]

]]> By: More thoughts on Virginia Mechanic’s Liens | Construction Law Musings- Richmond, VA http://constructionlawva.com/be-ready-to-lien-in-2009-but-be-careful/comment-page-1/#comment-2282 More thoughts on Virginia Mechanic’s Liens | Construction Law Musings- Richmond, VA Thu, 18 Feb 2010 22:00:26 +0000 http://constructionmusings.solopracticeuniversity.com/2008/12/be-ready-to-lien-in-2009-but-be-careful/#comment-2282 [...] Scott Wolfe at the Construction Lien Blog has posted several short items on Virginia Lien Law that are worth checking out. However, while these posts are accurate and give the basics of lien law in Virginia, please hire an attorney (whether its me or another experienced construction lawyer) to help you file a lien and enforce it in Virginia because of the pitfalls that can occur from the slightest mistake. [...] [...] Scott Wolfe at the Construction Lien Blog has posted several short items on Virginia Lien Law that are worth checking out. However, while these posts are accurate and give the basics of lien law in Virginia, please hire an attorney (whether its me or another experienced construction lawyer) to help you file a lien and enforce it in Virginia because of the pitfalls that can occur from the slightest mistake. [...]

]]> By: Virginia Mechanic's Lien and Construction Law Roundup | Construction Law Musings- Richmond, VA http://constructionlawva.com/be-ready-to-lien-in-2009-but-be-careful/comment-page-1/#comment-856 Virginia Mechanic's Lien and Construction Law Roundup | Construction Law Musings- Richmond, VA Wed, 23 Sep 2009 13:03:51 +0000 http://constructionmusings.solopracticeuniversity.com/2008/12/be-ready-to-lien-in-2009-but-be-careful/#comment-856 [...] is significant because, as I have discussed on numerous occasions here at Musings, Virginia mechanic’s liens are extremely picky in their enforcement.  While I would [...] [...] is significant because, as I have discussed on numerous occasions here at Musings, Virginia mechanic’s liens are extremely picky in their enforcement.  While I would [...]

]]> By: Construction Law Musings-Richmond, VA http://constructionlawva.com/be-ready-to-lien-in-2009-but-be-careful/comment-page-1/#comment-30 Construction Law Musings-Richmond, VA Mon, 29 Dec 2008 19:00:00 +0000 http://constructionmusings.solopracticeuniversity.com/2008/12/be-ready-to-lien-in-2009-but-be-careful/#comment-30 Here is one more link to an article regarding increased lien filings (thanks Scott) http://boston.bizjournals.com/boston/othercities/louisville/stories/2008/12/29/story1.html?b=1230526800 Here is one more link to an article regarding increased lien filings (thanks Scott) http://boston.bizjournals.com/boston/othercities/louisville/stories/2008/12/29/story1.html?b=1230526800

]]> By: Construction Law Musings-Richmond, VA http://constructionlawva.com/be-ready-to-lien-in-2009-but-be-careful/comment-page-1/#comment-29 Construction Law Musings-Richmond, VA Mon, 29 Dec 2008 16:02:00 +0000 http://constructionmusings.solopracticeuniversity.com/2008/12/be-ready-to-lien-in-2009-but-be-careful/#comment-29 Thanks for the input. And, yes, the Virginia Courts regularly put form over substance in the lien area. The justification is that the lien is so powerful, we need to assure that it is filed correctly. Thanks for the input. And, yes, the Virginia Courts regularly put form over substance in the lien area. The justification is that the lien is so powerful, we need to assure that it is filed correctly.

]]> By: Scott Wolfe http://constructionlawva.com/be-ready-to-lien-in-2009-but-be-careful/comment-page-1/#comment-28 Scott Wolfe Mon, 29 Dec 2008 15:57:00 +0000 http://constructionmusings.solopracticeuniversity.com/2008/12/be-ready-to-lien-in-2009-but-be-careful/#comment-28 Thanks for the references to Express Lien, & our blog. I don't think us construction attorneys can say this enough.<br/><br/>I try to emphasis to our Wolfe Law clients that liening can be so powerful, but its full of traps for the unwary. The "Be Ready to Lien (but Be Careful)" title is a great summary of the balancing act required by contractors who want to find success with construction liens.<br/><br/>And as to the Artitech, Inc. case, I ran across it over the weekend. I think that may be the most picky I've ever seen a court get about the contents of a lien.<br/><br/>Virginia seems to have a very strong lien, but that is tempered with some strong prerequisites. Thanks for the references to Express Lien, & our blog. I don't think us construction attorneys can say this enough.

I try to emphasis to our Wolfe Law clients that liening can be so powerful, but its full of traps for the unwary. The "Be Ready to Lien (but Be Careful)" title is a great summary of the balancing act required by contractors who want to find success with construction liens.

And as to the Artitech, Inc. case, I ran across it over the weekend. I think that may be the most picky I've ever seen a court get about the contents of a lien.

Virginia seems to have a very strong lien, but that is tempered with some strong prerequisites.

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