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My argument was, if I could have filed a
mechanic's lien after the bankruptcy petition, then receiving the same payment prior to the bankruptcy cannot be a preference because, if I would have filed a
mechanic's lien, I would have received payment.
NER argued that it had a fully secured
mechanic's lien on JMH's real property arising from NER's repair and installation of the emergency generator radiator at the hospital.
Subcontractors and suppliers named on the list but not paid can pursue
mechanic's lien and payment bond claims.
Krumm noted that existing Virginia statutes did not include "an exhaustive or exclusive list" of materials qualifying for a
mechanic's lien and that some unattached materials were critical in creating improvements to a building without being permanently annexed.
The existence of
mechanic's lien or bond rights played no role in this analysis.
Powelson noted such a decision "could open the flood gates" to many more
mechanic's lien filings over time.
Tarte held that although the roofing project had been substantially completed more than a month earlier, the deadline to file
mechanic's lien began to run upon removal of scaffolding and roofing brackets from the property at the request of the owner.
Of significance, the deed in lieu of foreclosure did not extinguish, or eliminate, the
mechanic's lien.
Defendants paid plaintiff the sum of $1,234,544 leaving an outstanding balance of $104,498, which formed the basis of plaintiff's
mechanic's lien.
Mechanic's lien attachments, which can be obtained without notice to the owner, are granted as a matter of right if one establishes the elements of a
mechanic's lien.
A
mechanic's lien is a form of security for contractors in the event they are not paid, Owen said.
