As discussed in our recent post, New York Lien Law § 19(6) provides a procedure for an expedited legal action seeking summary discharge (cancellation) of a mechanic’s lien. However, summary discharge is only available where there is a “facial defect” in a lien, such as identifying the wrong property owner or failing to properly
Construction Liens
Appellate Court Ruling Reinforces Narrow Avenue for Reducing Excessive Mechanic’s Liens
By Bradley P. Pollina on
Posted in Construction, Construction Liens
What recourse does an owner (or other aggrieved party, such as a general contractor who is contractually obligated to remove sub-contractors’ mechanic’s liens) have for removing a mechanic’s lien from the property on which it was filed?
One commonly used option is to procure and file a surety bond with the appropriate County Clerk’s Office,…
Execute Your NJ Construction Lien Properly or Face Forfeiture
By Adam J. Sklar on
New Jersey’s Appellate Division has once again served a stark reminder to prospective construction lien claimants regarding who may validly sign a construction lien claim. The consequences of failing to properly execute a construction lien claim are dire – not only because the lien claim is subject to discharge, but along with that discharge may…
Lien Rights of Contractors, Subcontractors and Suppliers of Materials Under Florida Law
By Scott J. Topolski on
Home renovations and repairs is big business in Florida, especially in densely populated south Florida where it seems that every available square foot of property is occupied by a residence or commercial building. That said, it is important to understand the lien rights of contractors, subcontractors and suppliers of materials under Florida law.
First, it…
Subcontractor Lien Claims “Salvaged” in New Jersey
By Adam J. Sklar on
Published cases examining the New Jersey Construction Lien Law (“CLL”) tend to be few and far between, but recently the Appellate Division issued a decision to be published, helping to further illuminate, albeit on a fairly narrow issue, the scope of the CLL. In NRG REMA LLC v. Creative Environmental Solutions Corp., Docket Nos.…