Posts Tagged ‘Bankruptcy’

American Shingle’s Bankruptcy Highlights Benefits of Mechanics Liens

On September 17, 2010        

A few months ago we posted about a mega-project in Las Vegas facing financing troubles and leading to over $500,000,000 in mechanic liens. The point? Even on the biggest of projects, mechanic liens transform your payment problem with the hiring party, into a problem that affects the entire project.

Well, Atlanta-based roofing company American Shingle just filed for bankruptcy (bankruptcy filing legal docs here), and they are illustrating this same point on a tiny scale. Instead of a billion dollar mega-project, mechanic liens are affecting residential properties across Georgia and elsewhere.

Folks frequently ask me: what’s the benefit of filing a mechanic lien?

An article I wrote in February 2008 answers this question in detail, but for the purposes of this discussion about American Shingle, here’s an excerpt:

If you’re unable to get paid on a construction project, you have a legal remedy under contract law only against the person who hired you. A mechanic lien, however, completely changes this paradigm. With a lien, you can sue the person who hired you, along with the property owner – regardless of how far you are down the contracting chain [depends on state laws].

What this means for the American Shingle situation is highlighted by a news story from the Atlanta NBC Affiliate 11 Alive: American Shingle Customers Could Pay Twice.

Unlike the 11 Alive story, the Construction Lien Blog focuses on creditor’s rights (versus consumer rights). If you’re a consumer, you can check out the “Consumer Ed” resource published by the GA Department of Consumer Affairs, which has information on liens.

For creditors, however, the American Shingle situation is a good lesson. Protect your lien rights by sending required notices and filing your liens within the legal time frames. You never know when companies may run into financial difficulty and file bankruptcy (American Shingle was a pretty big company). When something like this happens, your lien rights will be invaluable.

This article was originally posted on Zlien’s topic-specific Construction Lien Blog.

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How Filing A Lien Can Be Helpful on a Bankrupt Project

On July 6, 2009        

Let’s face facts:  2009 has not been a great year for construction.

Contractors and Suppliers large and small are facing non-payment scenarios, and sometimes, while waiting for a prolonged payment some are getting feared news:  that the owner or general contractor is filing bankruptcy.

Christopher Hill, a construction attorney in Virginia, just this week published a short and easy-to-read article on JDSupra explaining how Virginia Mechanic’s Liens Survive Bankruptcy.   Mr. Hill summarizes his point with the following:

[I]n today’s climate, contractors should not feel that they are completely helpless in the bankruptcy fight.   Filing a mechanics lien…can put a contractor or subcontractor in as good a position as possible should the owner of a project file bankruptcy.

While the article regards the mechanics lien statutes in Virginia, many other states’ lien statutes operate the same way.

Generally speaking, mechanics lien statutes are written to protect those who contributed to construction projects.   Regardless of what errors in payment occur on a construction project, mechanics liens are the best tool for your company to protect its right to get paid.

But the right doesn’t last forever, and if you file incorrectly, the rules are uncompromising.

This post originally appeared on the Construction Lien Blog, published by Express Lien.

Posted in:     Mechanics Lien  /  Tags: , , , ,   /   1 Comment