Mechanic’s Liens – Page 25 – Construction Law Musings- Richmond, VA

Thanks to Scott Wolfe!

Thanks to Scott Wolfe (@scottwolfejr) for the opportunity to post at his great Construction & Mechanic’s Lien Blog on the topic of changes to Virginia’s mechanic’s lien statute. Here’s a sample of the post:

I have discussed the picky nature of Virginia mechanic’s liens often over at my Construction Law Musings blog. Not only are the requirements and details strictly enforced, but the Virginia General Assembly seems to feel the need to tweak them in each of its sessions.

The latest change involves the use of a mechanic’s lien agent on residential projects. Beginning at the start of this month, July 1, 2010, a contractor can no longer depend on the failure of the owner to list a mechanic’s lien agent on the posted building permit. The new statute requires that a contractor go beyond merely reading the building permit and make a reasonable inquiry with the local building authority to determine the identity of the mechanic’s lien agent.

I truly appreciate the opportunity to reach a new audience with a guest post. As all of my readers know, I am a big fan of guest posts and having others guest post here at Musings.

Check out this blog and the Wolfe Law Group‘s great resource for construction professionals, the Construction Law Monitor.

As always, I welcome your comments below. Please subscribe to keep up with this and other Construction Law Musings.

It’s That Time of Year Again. . .

As I was sitting with some construction pros I know recently, it occurred to me that it’s that time of year. What time of year you ask? The time in every year when my claims practice, whether through lawsuit, bond claim, or mechanic’s lien, picks up. At a time when most would think that contractors and businesses would be hunkering down for turkey or slowing down for the holiday season, the opposite seems to occur. I tend to get calls from clients and others in the construction world who are looking to move aggressively on past due payments as well as obtain my help to keep the payment stream going.

My theory (and I would love to hear yours), is that many of my clients, being subcontractors, see a slowdown in work in the winter. Fewer projects break ground and those that do are more indoor projects due to the weather. Also, their fiscal years are nearing an end an they wish to tie up those loose ends of payment sooner rather than later. I also believe that the slow down gives contractors and subcontractors the opportunity to focus on the books.

Those who have documented well and paid attention to deadlines are more readily helped. Consulting with a construction lawyer throughout the year also makes this time of year simpler and more enjoyable by keeping these last minute collections to a minimum (while fully acknowledging that “Murphy was an Optimist“). Working with a good lawyer now can help you make sure that their contracts are up to snuff for 2011 and beyond. In short, call me (or your local construction attorney) so that we can work in partnership throughout the year and help make sure your holiday season is filled with egg nog and turkey and not with construction claims, litigation and mechanic’s liens.

Here’s wishing you all a great Thanksgiving season. Please don’t hesitate to contact me with your thoughts or questions, I’m here to help.

Image via stock.xchng

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Contracts and Collections- Construction Expo- Richmond, VA

Do you have issues with collection on your construction contracts? Need to file a mechanic’s lien? If so, check out this slide show that I used in presenting a seminar at the Richmond Construction Expo this week relating to just these topics, and more. I may even be presenting as you read this post!

[slideshare id=2032505&doc=constructionexpopresentation-090921124645-phpapp02]

As always, please don’t hesitate to comment. Also, please subscribe to keep up with the latest Construction Law Musings.