By Bruce Jervis
Most state mechanic’s lien statutes provide that if a lien claimant willfully exaggerates the amount of its claim, the lien may be declared null and void. Mechanic’s liens provide lien claimants with tremendous leverage against project owners. The purpose of these statutory provisions is to protect owners against overreaching or fraudulent claims.
This leads to a question: How does one determine that a mechanic’s lien claim was “willfully” exaggerated? Claims can be overstated for a variety of reasons. The fact the amount of a lien claim exceeded the amount the claimant was legally entitled to recover does not, in itself, establish willful exaggeration. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Payment Bond Rights Survived Purchasing Agent Agreement
- Mechanic’s Lien Voided Due to Willful Exaggeration
- Failure to Indemnify Was Separate Breach of Subcontract
By Steve Rizer
ConstructionPro Week (CPW) has profiled 18 books, reports, and other documents that various organizations have published so far this year to promote greener buildings across America. Among the publishers are the National Institute of Building Sciences (NIBS), American Council for an Energy-Efficient Economy (ACEEE), National Technical Information Service (NTIS), and the American Society of Heating, Refrigerating, and Air-Conditioning Engineers. ... Read more.
By Steve Rizer
May 2014 Download Library Addition
As new webinar recordings are made available to the ConstructionPro Network free member Download Library on a monthly basis, ConstructionPro Week will provide a brief summary of each event for the benefit of its readership. Here is the summary for the May 2014 addition:
When submitting a time impact analysis (TIA), it is a good idea to provide narratives, even in the absence of a contractual requirement to do so, Warner Construction Consultants Inc.’s Zeynep Guven told professionals attending WPL Publishing’s “Consideration of Claims Issues in the Creation and Update of Schedules” webinar, a recording of which recently was added to the ConstructionPro Network (ConstructionProNet.com) Download Library free of charge for members. She noted that a TIA narrative should “clearly explain the changes encountered, the procedure followed, and the schedule impact of the change.” ... Read more.