|
|
|
|
|
| From Event: A Practical Guide to Construction Liens, held November 2010.
|
Program Description
|
|
Do you know the process and procedures for filing and enforcing construction liens? Do you have the skills to successfully defend against lien claims? Safeguard your interests during construction projects with practical knowledge of the construction lien process. This insightful instruction leads you through each step with sample notices, claim requirements and procedural tips. You'll also gain pertinent instruction on statutory and contractual defenses, using bonds to avoid project delays and more. Order today!
|
Course Content
|
- Introduction
- Who is Entitled to a Mechanic's Lien
- Which Activities are Lienable
- Notice, Perfection and Limitations Period
- To What Property Does the Lien Extend
- Which Interests are Subject to Lien
- Lien Amount
- Vesting and Priorities Among Competing Liens
- Contractual and Statutory Defenses to Lien Claims
- Owner Occupied Family Dwellings - Special Rules
- Owner Personal Liability to Remote Claimants
- Legal Ethics in Representation
|
|
|
|
|
Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
|
|
|
|
Agenda / Content Covered:
|
- INTRODUCTION
9:00 - 9:30, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher. - History of Mechanics' Liens
- Function of the Mechanic's Lien Remedy
- Statutory Construction
- In Rem Nature of Mechanic's Lien Remedy
- WHO IS ENTITLED TO A MECHANIC'S LIEN
9:30 - 10:00, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher. - The Mechanic's Lien Statute
- Contractors and Subcontractors
- Material Suppliers
- Laborers
- Equipment Lessors
- Developers and Construction Managers
- Other Persons
- Engineers, Surveyors and Architects
- Assignees
- WHICH ACTIVITIES ARE LIENABLE
10:00 - 10:20, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher. - Labor
- Materials and Equipment
- NOTICE, PERFECTION AND LIMITATIONS PERIOD
10:35 - 11:20, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher. - Lien Notice Requirements
- Perfection and Mailing Requirements
- Lien Notice Defects and Amendments
- Time Limit for Filing Lien Notice
- Filing Suit
- TO WHAT PROPERTY DOES THE LIEN EXTEND
11:20 - 12:00, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher. - Statutory Language
- Extent of Lien
- Separate and Distinct Improvement Rules
- Multiple Improvements Rule
- Destruction and Status of Improvements
- Sale of Liened Improvements by Owner
- Public Improvements
- WHICH INTERESTS ARE SUBJECT TO LIEN
1:00 - 1:30, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher. - General Rule
- Jointly Owned Property
- Conditional Land Contracts
- Leased Premises
- LIEN AMOUNT
1:30 - 2:00, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher. - Statutory Standard - "Value"
- Non-Derivative Lien Rights of Remote Claimants
- Contract Price
- Interest
- Attorneys' Fees
- VESTING AND PRIORITIES AMONG COMPETING LIENS
2:00 - 2:30, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher. - Resolution Back Doctrine
- Party Rule Among Mechanic's Lien Claimants
- Priority Rules Between Mechanics' Lien and Mortgage Claimants for Class 2 Structures and Regulated Utilities
- Priority Rules Between Mechanics' Liens and Judgment Creditors
- The 1999 Changes - New Super Priority for Construction Mortgages
- Lien Cut Off by Bona Fide Purchasers
- CONTRACTUAL AND STATUTORY DEFENSES TO LIEN CLAIMS
2:45 - 3:15, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher. - No-Lien Contracts - Residential and Regulated Utility Project Only
- Contractual Waiver Clauses
- Partial and Final Lien Waivers
- Contingent Payment Clauses
- Out-of-State Dispute Resolution
- Owner Defense to Force Early Foreclosure: The 30 Day Notice to Foreclosure (Section 38-8-3-10)
- "Bonding Off" or Discharging the Mechanic's Lien (Section 32-8-3-11)
- Statutory Defense to Attorney Fees on Lien (Section 32-8-3-11)
- OWNER OCCUPIED FAMILY DWELLINGS - SPECIAL RULES
3:15 - 3:30, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher. - Pre-Lien notice Requirements
- Innocent Purchaser Rule
- OWNER PERSONAL LIABILITY TO REMOTE CLAIMANTS
3:30 - 4:00, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher. - Basic Remedy
- Advantages of Remedy
- Persons Entitled to Remedy
- Notice Requirements
- Limitations on Remedy
- LEGAL ETHICS IN REPRESENTATION
4:00 - 4:30, Joseph M. Leone, Patrick A. Drewry and Scott P. Fisher.
|
|
|
|
PATRICK A. DREWRY is a partner in the Indianapolis law firm of Drewry Simmons Vornehm, LLP. Mr. Drewry practices in construction law and litigation, public contract law, surety law, and commercial and business litigation. He earned his B.A. degree from Purdue University (Dean's Scholar) and J.D. degree from Indiana University School of Law, Indianapolis. He represents all participants in the construction process, including both private and public owners, general and prime contractors, subcontractors, suppliers and construction sureties. He handles all construction matters from bidding and contract negotiations through field performance problems and claims resolution in mediation, arbitration and litigation. Mr. Drewry is a member of ICA and its Future Leaders Organization and Education Committee, Associated Builders and Contractors, Inc., Indiana Subcontractors Association, and the Indiana Construction Roundtable. He also is a member of the Indianapolis, Indiana State (member, Construction and Surety Law section) and American (Forum on the Construction Industry, (member) Specialty Trade and Suppliers, Public Contract Law section, Fidelity and Surety Law committee, and Litigation section - Construction Litigation committee) bar associations. He has contributed to publications and presentations for various construction seminars as an author and lecturer. SCOTT P. FISHER is an attorney at Drewry Simmons Vornehm, LLP, where he practices in the areas of construction law, commercial and business litigation, public contract law and surety law. Mr. Fisher earned his B.A. degree from Purdue University and his J.D. degree from Indiana University School of Law - Indianapolis. He is a member of several law committees for the Indianapolis Bar Association, Indiana State Bar Association and the American Bar Association. He is also a member of the Electric League of Indiana (member, Education Committee), Indiana Construction Association, Associated General Contractors and Surety Association of Indiana. JOSEPH M. LEONE is a partner with the Indianapolis law firm of Drewry Simmons Vornehm, LLP, where he practices in the areas of construction, mechanics' liens, and public contract law and litigation Mr. Leone earned his B.S. degree from Purdue University (with an undergraduate degree in civil engineering) and his J.D. degree from Indiana University School of Law. Prior to becoming a practicing attorney, Mr. Leone was employed for seven years by the Indianapolis based general contractor/construction manager Geupel DeMars, Inc. as a project engineer and project manager. He has been a frequent lecturer on construction law topics including "Indiana Mechanic's Lien Law," "Purchasing and Procurement Law in Indiana," "Construction Litigation," "Design Law for Indiana Architects and Engineers" and "Construction Management/Design Build in Indiana." He also co-wrote "Rewriting a Builder's Risk Policy? The Intersection of a Builder's Risk Policy and Construction Project Contracts" Defense Trial Counsel of Indiana 2005, and the Indiana Chapter in State by State Guide to Architect, Engineer and Contractor Licensing, Aspen Law & Business © 1999. Mr. Leone is a member of the National Society of Professional Engineers (associate member), the American Bar Association (member, Forum Committee on the Construction Industry; Public Contract Law Section), the Indianapolis Bar Association and the Indiana State Bar Association (vice chairman, Construction and Surety Law Section). He is also active in the Indiana Construction Association and ACG of America.
|
|
Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
|
|
|
|
|
|
|
|
|
|
|
|
| Web: |
Order Now
|
| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
|
|
|
|
 |
|
|