Posted November 16, 2012
In Colorado, subcontractors and suppliers are not required to file a preliminary notice or notice of right to claim lien in order to have lien rights on a construction project. However, if the property owner records a copy of their contract with the general contractor/builder, then the owner’s liability is limited to the face value of the contract. As a result, if the owner can show that they have fully paid their contractor, and even if subcontractors and suppliers are unpaid, they will not be able to enforce the liens against the property because Colorado caps the owner’s liability at the face value of the contract. However, if the owner fails to record a copy of the contract, unpaid subcontractors and suppliers are entitled to enforce liens against the property even if the owner has fully paid the contract with their contractor.
Posted November 13, 2012
Check out the Leverich Group's newest newsletter at http://www.bizactions.com/n.cfm/page/e116/key/215442669G2734J5587135/. There is a lot of great information in the newsletter on:
Posted November 1, 2012
In Colorado your lien filing deadline is 4 months after your last work, unless:
Posted October 12, 2012
In Montana, suppliers and subcontractors are required to record a Notice of Right to Claim Lien for construction projects involving four-plexes, tri-plexes, duplexes, and single family dwellings. Although a Notice of Right to Claim Lien is not required for other types of construction projects, it is advisable for Subcontractors and Suppliers to record a Notice of Right to Claim Lien on any privately owned construction project in Montana.
Posted October 3, 2012
Take a look at the Leverich Group's October 2012 Newsletter at http://www.bizactions.com/n.cfm/page/e116/key/211988348G2734J5587135/
Posted September 28, 2012
On Monday, September 24th, 2012, the Utah Division of Occupational and Professional Licensing filed a notice of agency action against a company called PELLCO CEU, which is an out of state continuing education provider. PELLCO CEU has sent packets of material to several contractors in the state, including plumbers, electricians, and others, claiming that completion of the courses will allow the individual notice, PELLCO CEU filed inaccurate information with the division and made unsubstantiated claims in its materials. Therefore, DOPL is seeking to rescind the approval for the continuing education classes and rescind PELLCO CEU’s authority to be able to offer continuing education within the state.
Posted August 29, 2012
Filing Proofs of Claim in Bankruptcy
Posted August 22, 2012
On Wednesday, August 16, 2012, the Interim Business and Labor Committee asked for comments and information about the implementation of the State Construction Registry amendment which went into effect on August 1, 2011. The following is a list of information which was given to the Legislature by the Utah construction Suppliers Association.
Posted August 14, 2012
As many of our Lien Counsel customers know, we have spent a great deal of time adding content to the website which includes expanding the information available on our social media sites. Now, in addition to our regular blog posts, we will also be providing information about Lien filings throughout the state every week on Tuesdays. The filing information will be on a landing page on the Lien Counsel website and links to that landing page will be available on our LinkedIn, Facebook, and Twitter feeds. Additionally, once a month we will be including information about contractor discipline handed down by the Division of Occupational and Professional Licensing. The purpose of this information is to help suppliers be able to know whether any of their customers have had their licenses revoked, placed on probation, or have had other adverse impact from DOPL. If you follow these links on a regular basis, it will help you to stay tuned on troubled projects throughout the state and also troubled contractors.
Posted August 8, 2012
When Bankruptcies are filed construction Creditors are often faced with difficult decisions about money they are owed and how to protect their rights. The use of mechanics liens even when a Bankruptcy exists, or immediately prior to a Bankruptcy can be substantial to Creditors.
Posted August 1, 2012
Posted July 17, 2012
The Leverich Group, a CPA and Management Consultant firm, puts out a monthly newsletter with some great information. In the July Newsletter, there are articles about:
On Thursday, April 12, 2012, several members of the Suppliers Association got together at Geneva Rock to review proposed bylaws for the Association in preparation for an election of a Board of Directors. Revisions to the bylaws will be submitted this week to various members and then the association members will vote on approval of the bylaws. This vote will be done electronically and once the bylaws have been approved, then, we will seek nominations for a Board of Directors and have a Board of Directors election within the first two weeks of May. At that point, the association will be fully up and running. With the board in place, the association will be prepared to begin working on legislation starting with the inter meeting in May and going throughout the summer. For anyone who is interested in serving on the Board of Directors of the association, or having a member of their company on the Board of Directors, contact Misty Jensen at (801) 476-0303. This number is still the law office number for Dana Farmer’s law office, but will be changed shortly to an official number for the association.
We recently became aware of a misconception that some subcontractors and suppliers have about the requirement to file a Preliminary Notice in the State Construction Registry. Some people beleive that if there is no Notice of Commencement or Preliminary Notice filed in the State Construction Registry, then they have no obligation to file a Preliminary Notice. This is incorrect. For privately owned projects, where construction commences after August 1, 2011, all general contractors, subcontractors, and suppliers have an obligation to file a Preliminary Notice within 20 days of their first date of work. The only time a Preliminary Notice is conditional, is for public projects where the General Contractor is still required to file a Notice of Commencement. If the general does not file a Notice of Commencement, then no Preliminary Notice is required. But in order to have lien rights, Preliminary Notices are required on ALL projects.
What is a payment bond?