Burr & Forman

12.1.2016   |   Articles / Publications

Construction Executive Risk Management: Judgment Liens: What Is Left When a Business Loses Its Construction Lien Rights?

In an article published on Nov. 18, 2016 in Construction Executive Risk Management, Douglas K. Gartenlaub provides guidance helping contractors distinguish between their construction liens and judgment liens. While they are both created and controlled by statutes, there are key differences between the two in most states, Gartenlaub explains. Construction liens are specific to the property on which the contractor performed work and generally encumber the property before a lawsuit is even filed. A judgment lien, in most cases, requires a contractor to win a lawsuit and obtain a money judgment on which it is based before obtaining a lien on a property is even considered. Gartenlaub finishes by explaining, when dealing with either type of lien, it is important to know the law of the jurisdiction where enforcement of the lien is being sought.

For the full article, you may click here.

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