Listed below are links to case briefs – with facts, issues, ruling, reasons and comments

 

Liens only attach to the amount owed at the time the lien is filed. In http://www.silverlakelegal.com/?p=1016&preview=true  80 Mass App Ct 584 (2012) the subcontractor who’d gone 4 months without getting paid could not recover on a lien for the first two payments.  When the general contractor went out of business, the Owner who’d paid that contractor did not have to pay again the unpaid sub.

Additional insured subcontractor found not negligent still had to answer to the general contractor since the problem arose out of the sub’s work.  2007 case shows why subcontractor’s carriers are pushing so hard to limit additional insured coverage. TURNER CONSTRUCTION COMPANY v AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY   US Dist. Ct. S.D. NY (April 30, 2007)