For those involved in the construction industry, the ultimate goal upon completion of providing services or the completion of providing necessary building supplies is to be paid. To assure that you are properly paid, the necessary construction liens or mechanic's liens must be recorded. It is the goal of this seminar to provide those who work in construction, with the law, forms, techniques and strategies improperly creating and preserving your mechanic's lien rights.
- Persons entitled to lien
- Notice, perfection and time requirements
- Property subject to lien
- Vesting and priorities among competing liens
- Contractual avoidance of lien claims
- The attendee will be able to discuss the new changes in the mechanic's lien statute.
- The attendee will be able to identify priority rules between mechanic's liens and judgment creditors.
- The attendee will be able to review the persons entitled to remedy.
8:30 a.m. - 9:20 a.m.
B. Purpose Of Lien Remedy
C. Rules Of Statutory Construction
D. Mechanics' Lien As An In Rem Remedy
E. The 1999 Changes To The Mechanic's Lien Statute
9:20 a.m. - 10:00 a.m.
II. Persons Entitled To Lien
A. The Lien Statute
B. Contractors And Subcontractors
E. Equipment Lessors
F. Other Parties
G. Engineers, Surveyors And Architects
10:00 a.m. - 10:30 a.m.
III. Nature Of Lienable Labor And Materials
B. Materials And Equipment
C. Owner Consent To Improvement
10:30 a.m. - 10:40 a.m.
10:40 a.m. - 11:30 a.m.
IV. Notice, Perfection And Time Requirements
A. New Changes In The Mechanic's Lien Statute
B. Lien Notice Requirements
C. Perfection And Mailing Requirements
D. Lien Notice Defects And Amendments
E. Time Limit For Filing Lien Notice (90-Day Rule)
F. Filing Suit (One-Year Rule)
11:30 a.m. - 12:00 p.m.
V. Property Subject To Lien
A. Statutory Definition
B. Extent Of Lien
C. Separate And Distinct Improvements Rule
D. Multiple Improvements Rule
E. Destruction And Status Of Improvement
F. Sale Of Liened Improvements By Owner
G. Public Improvements
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:25 p.m.
VI. Estates Or Interests Subject To Lien
A. General Rule
B. Jointly Owned Property
C. Conditional Land Contracts
D. Leased Premises
1:25 p.m. - 1:50 p.m.
VII. Amount Of Lien
A. Statutory Standard 'Value'
B. Non-Derivative Lien Rights Of Remote Claimants
C. Contract Price
E. Attorney Fees
1:50 p.m. - 2:30 p.m.
VIII. Vesting And Priorities Among Competing
A. Relation Back Doctrine
B. Party Rule Among Mechanic's Lien Claimants
C. Pre-1999 Priority Rules Between Mechanic's Lien And Mortgage Claimants
D. Priority Rules Between Mechanic's Liens And Judgment Creditors
E. The 1999 Changes New Super Priority For Construction Mortgages
F. Lien Cut Off By A Bona Fide Purchasers
2:30 p.m. - 2:40 p.m.
2:40 p.m. - 3:15 p.m.
IX. Contractual Avoidance Of Lien Claims
A. No-Lien Contracts
B. Contractual Waiver Clauses
C. Partial And Final Lien Waivers
D. Contingent Payment Clauses
E. Out-Of-State Dispute Resolution
F. Owner Defense To Force Early Action: The 30-Day Notice To Foreclose
G. Bonding Off Or Discharging The Mechanic's Lien
H. Statutory Defense To Attorney Fees On Lien
3:15 p.m. - 3:45 p.m.
X. Owner-Occupied Family Dwellings
A. Pre-Lien Notice Requirement
B. Innocent Purchaser Rule
3:45 p.m. - 4:15 p.m.
XI. Owner Personal Liability To Remote
A. Basic Remedy
B. Advantages Of Remedy
C. Persons Entitled To Remedy
D. Notice Requirements
E. Limitations On Remedy
4:15 p.m. - 4:30 p.m.
XII. Question And Answer