Posted In:
Real Estate
Industry:
Construction
RE&C In Review: Crossing the Line - Contractor Liability and Mechanic's Liens
By James T. Dixon & Sarah M. Sears (Summer Associate) on January 25, 2021
On those occasions when a contractor must record a mechanic's lien, the response from the property owner often involves an immediate claim that the lien is invalid or even slanderous. It is important, then, for contractors to have an understanding of the contours of the claims owners rely upon, not only to understand what the owner is communicating when it makes the claim, but also to understand the line between a valid lien and one that exposes the contractor to liability. To provide that understanding, this article summarizes the law in the four most populous states....
Posted In:
Litigation and Real Estate
Industry:
Construction
RE&C In Review & Litigation Advisory Blog: Can Arbitration Clauses Apply Retroactively?
By Teresa G. Santin on December 10, 2020
Yes, it is possible for arbitration clauses to apply to claims that predate the contract containing the arbitration clause at issue. Retroactive application of an arbitration clause depends on the language of the arbitration provision and applicable substantive law....