Construction Law has a lot of moving parts and can be confusing. Attorney Fred Millard is not only a licensed General Contractor in 2 states, but also was a business owner for almost 25 years. Below are 5 facts about Construction Law.
- Architects, landscape architects, builders, suppliers, land surveyors, painters, roofers, registered engineers, and anyone who performs a service or has an investment in the property or land may have a lien on the land or structures that their services benefited. A contractor must be properly licensed and remain licensed throughout the performance of the work in order to file a lien. If a contractor is not properly licensed, the contractor’s rights may be called into question.
- A suit to foreclose a claim of lien must commence within 120 days once the lien has been filed. After that time, the lien expires. Once a lien expires it cannot be renewed.
- Interests subject to lien on an improvement under construction include, but are not limited to any land that may be necessary for the use and occupancy of the improvement and the actual site of the improvement. The lien can only cover the interest in the site and land of the person that requested the improvement to be done.
- When dealing with insurance claims, it is important to cooperate with the claims process and investigation. There should be constant communication between the insurer and the policyholder. For the same reasons that it is important you be informed of the status of your claim, it is equally important to share the information necessary for the insurer to make an educated decision of whether a loss exists and what is covered in that loss event. The insurer needs information regarding the circumstances of the loss, what property was damaged, and if there were any injuries, in order to come up with a settlement offer.
- More information on Liens: https://youtu.be/m8jKAqwNcBU
If you have questions about construction litigations, liens, or contracts contact us at 503-305-7806 for a consultation.