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...
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...
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...
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...
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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