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Contract Deemed Express Contract Despite Contractor Failing to Sign It

by Kent Holland | Jan 19, 2022 | Newsletter Article

Contractor provided written proposal to project owner, containing details of the scope of work, as well as payment obligations.  The Owner signed it and made several payments for work performed by the contractor.  When contractor filed mechanics liens and sued to...

Accepting Late Performance of Work Does Not Bar Recovery for Delay Damages

by Kent Holland | Aug 13, 2019 | Newsletter Article

Where project owner chose not to terminate contractor for failing to substantially complete project by contractually established deadline, but permitted late completion, this did not waive entitlement to recover delay damages. McPherson Builders, Inc. v. Performance...

Architect Cannot Enforce Mechanic’s Lien for Design Services Performed Offsite Where it Failed to Provide Actual Notice to Landowner that it was Performing Services

by Kent Holland | Nov 15, 2017 | Newsletter Article

An Architect provided millions of dollars worth of design services for condominium project and was not paid by the developer with whom it was under contract. The developer didn’t own the property, but it had a contract to purchase it from the owner. Financing for the...

Engineer’s Lien Effective only from Date Filed, and did not Relate Back to Beginning of Construction

by Kent Holland | Dec 23, 2015 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC An engineer’s lien that was filed two years after commencement of the contractor’s construction of a project was not entitled to priority over a mortgage holder’s lien that was filed when construction first commenced. The...

Mechanic’s Lien Waiver Found Unenforceable because Violation of Public Policy

by Kent Holland | Jan 30, 2011 | Newsletter Article

Where a lien waiver provision incorporated by reference into a subcontract applies to prohibit all liens regardless of whether the subcontractor received any payment, the court concluded that such a provision violates public policy.   Enforceability of a lien waiver...

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