By: COWIE & MOTT – DC Mechanic’s Lien Claims – Nicholas D. Cowie

COWIE & MOTT – DC Mechanic’s Lien Claims – Nicholas D. Cowie — Thu, 30 Jan 2020 19:59:11 +0000

[…] A subcontractor’s DC mechanic’s lien claim is subject to defenses that the owner has against the contractor under the terms and conditions of the owners contract with the contractor. DC Code §40-303.02(a). As such, a subcontractor’s DC mechanic’s lien claim against an owner’s property is generally only as strong as the rights of the contractor against the owner. A contractor, however, cannot agree with the owner to waive a subcontractor’s right to make a mechanic’s lien claim. DC Code §40-303.02(a). Thus, in defending against a subcontractor’s mechanic’s lien claim in DC, an owner cannot defend the claim by relying on a contractual provision whereby the contractor agrees to waive its subcontractor’s right to bring a mechanic’s lien claim. Likewise, an owner cannot rely upon a “pay if paid” or “pay when paid” clause as a defense to a mechanics lien claim. See article by Nicholas D. Cowie on “Pay if Paid” and “Pay when Paid” clauses and how they affec…. […]

Comments on: SUBCONTRACTOR ﻿STRATEGIES FOR DEALING WITH A “PAY-IF-PAID” AND “PAY-WHEN-PAID” CLAUSES IN MARYLAND AND DC: Contract Interpretation, Prevention Doctrine, Mechanics’ Liens, Payment Bonds, Little Miller Act and Miller Act Claims.﻿

By: COWIE & MOTT – DC Mechanic’s Lien Claims – Nicholas D. Cowie

Comments on: SUBCONTRACTOR STRATEGIES FOR DEALING WITH A “PAY-IF-PAID” AND “PAY-WHEN-PAID” CLAUSES IN MARYLAND AND DC: Contract Interpretation, Prevention Doctrine, Mechanics’ Liens, Payment Bonds, Little Miller Act and Miller Act Claims.