MECHANIC’S LIEN NOT WAIVED BUT STAYED PENDING ARBITRATION
publication date: Nov 29, 2009
A “no-lien” caption on a contract did not waive a contractor’s mechanic’s lien rights since the body of the contract clearly contemplated the possibility of liens. The contract called for binding arbitration of disputes. The contractor was entitled to file a lien and a timely foreclosure action. The foreclosure suit was then stayed pending the outcome of arbitration of the underlying dispute.
This page is available to members only. To subscribe, click here
Construction Claims Online Features and Benefits
Whether your role in the construction claims process is as a building owner, designer, contractor, facility manager, attorney or consultant, you will want to keep up with the latest developments in construction law, federal and state policy, construction process and best practices.
Whether you sign up for our free or paid content, Construction Claims Online provides information you need to achieve successful outcomes for project issues and your clients' best interests.
Avoid costly errors by understanding how the boards and courts look at typical disputes situations. Achieve successful project outcomes. Defend against unsubstantiated claims. Reduce or eliminate risks.
