Comments on: Contracts, Liens and Notice

By: Christopher G. Hill

Christopher G. Hill — Thu, 29 Apr 2010 20:18:58 +0000

You’ll get no argument here, that’s for sure

By: Josh

Josh — Thu, 29 Apr 2010 20:14:03 +0000

Yes – I do not disagree with you guys. It is a reasonable result, but a little surprising because the Courts have been so strict in the past.

Although – Meeks Disposal’s lawyers still should have called the clerk’s office to confirm that the lien had been recorded.

By: Christopher G. Hill

Christopher G. Hill — Thu, 29 Apr 2010 17:45:46 +0000

Yep. The clerk should be accountable, but at the same time, lien filers need to be careful that they can show that they did everything right. Also, since it was never recorded, had the property changed hands, who knows what would have happened.
Christopher G. Hill´s last blog post ..Quick Primer on Virginia Mechanic’s Lien Law

By: Doug Reiser

Doug Reiser — Thu, 29 Apr 2010 16:32:42 +0000

Wow this makes sense. I appreciate the court requiring accountability of its clerks.

Its obviously results driven, but its a good place for an exception to strict construction.

Thanks for the article Chris.

Best,

Doug

By: Christopher G. Hill

Christopher G. Hill — Thu, 29 Apr 2010 12:45:04 +0000

Thanks for the comment Josh! I appreciate your interest. As to your question, I don’t know if this case was taken up on appeal. However, I actually like this decision because the Clerk’s Office did not perform it’s duty to record despite what looks like proof that Meeks did everything right. Most of the other strict construction cases punish errors by the lienor and not by the Court itself. While it may be result driven, it certainly came to a (surprisingly) reasonable result.

PS- Your twitter link does not work! (just thought you’d like to know)

Christopher G. Hill´s last blog post ..Rejection’s a Bear- Particularly in Construction

By: Josh

Josh — Thu, 29 Apr 2010 01:11:06 +0000

The Meeks decision is interesting. Do you know whether it is being taken up on appeal? I would like to see the Va. S. Ct. address it.

The decision appears results based. The Court ruled using the notice on Circle South to circumvent strict construction of the statutory language. It is a departure from the idea that mechanic’s liens are disfavored and strictly construed. The only entity that you are usually interested in will be served a copy of the lien – so the carve out made by the Court here as to the rest of the “world” sounds more impressive than it is. I am surprised that the Court did not rule in favor of Circle South.

Either way – the lesson here is pick up the phone and call the clerk’s office to make sure they record the lien.

Good post – thanks.

By: contracts - StartTags.com

contracts - StartTags.com — Mon, 25 Jan 2010 21:11:46 +0000

[...] should … They put themselves in a corner with a lot of bad contracts (some of it was bad luck) …Contracts, Liens and Notice | Construction Law Musings …A discussion by Richmond, VA Construction attorney, Christopher Hill, of two recent Virginia Circuit [...]

By: Most Tweeted Articles by Construction Experts

Most Tweeted Articles by Construction Experts — Mon, 04 Jan 2010 11:01:41 +0000

[...] Architecture for Humanity 2 Likes The Money Pit Radio Show 2 Likes Contracts, Liens and Notice | Construction Law Musings- Richmond, VA A discussion by Richmond, VA Construction attorney, Christopher Hill, of two recent Virginia [...]

By: Important 2010 real estate forms information | The Arkansas REALTOR® | Arkansas Real Estate

Thu, 10 Dec 2009 00:20:48 +0000

[...] Contracts, Liens and Notice | Construction Law Musings- Richmond, VA [...]

By: DouglasReiser (Douglas Reiser)

DouglasReiser (Douglas Reiser) — Mon, 07 Dec 2009 16:47:50 +0000

Twitter Comment

@constructionlaw blog: Recent VA case partially enforces unrecorded lien - [link to post]

- Posted using Chat Catcher