msb, Author at Morefield Speicher Bachman, LC

Missouri Mechanic’s Lien – Subcontractors Protect Your Lien Rights

In Missouri, subcontractors, skilled laborers, and materials suppliers who are not paid for their work, have a right to file a Mechanic’s Lien against commercial real property for work performed or materials delivered to the project, when the work and/or materials was for purposes of improving upon the property. Sounds simple enough right? Almost but not quite. Missouri sets very specific rules and deadlines that must be followed to avoid losing your right to lien against a property. The best way to ensure your lien rights are protected is to start from the day you accept the project. Documentation and Info to Give Your Attorney For A Missouri Mechanic’s Lien A copy of the fully executed original contract which sets forth the scope of work to be performed and/or the materials to be supplied. The first and last dates work was performed on the project and/or materials were delivered to the job site. Please be aware that the last date worked refers to the last date worked on the original contract, or under any fully executed extra work or change order that modifies the original contract. Last date worked DOES NOT include days worked on punch list items. This information is critical because the statute of limitations for filing a Mechanic’s Lien or Subcontractor’s lien is set based on the last date worked. Copies of invoices, extra work and change orders, delivery receipts, and timecards which support your first and last date worked. A statement of account will prepared and filed with your Mechanic’s Lien Statement. Important Deadlines for a Missouri Mechanic’s Lien In Missouri, a subcontractor under contract with a general contractor or another subcontractor has (6) six months from the last date worked to file a Mechanic’s or Subcontractor’s Lien. Before the lien may be filed, Missouri construction laws require that a 10-day notice be given to the owner(s) of the property where the work was performed and/or the materials were delivered. Keep in mind that a title search will have to be performed to determine all legal owners of the property before proper service of the notice. This will affect the timing of your notice. Depending on what Missouri county the job site is in, this information could take up to two or three weeks to retrieve. Unlike Kansas City where many title documents are readily available through on-line services, the smaller or more rural Missouri counties like Vernon or Henry will likely require a title report be obtained from a separate title company, which may delay things. The best rule for a subcontractor to protect its mechanic’s lien rights, is to document early and well, and contact your construction lawyer in plenty of time to meet the deadlines set by Missouri lien laws. The information above is specific to subcontractors, skilled laborers, and material suppliers on commercial projects, and under contract with a general contractor or other subcontractor. Although the information may be useful to subcontractors on residential projects, or general contractors, there are other deadlines and notices that will apply based on the type of project. We encourage you to talk with a construction law attorney if you have specific lien questions about a project you are working. An important note though, if you are working directly for the owner of the property, or a tenant, you must provide your lien notice at the very onset of the project, not at the end. Again, consult your construction lawyer for specifics.

Texting and Driving Causes Car Accidents. Period.

Personal Injury / By msb

The National Safety Council has designated April “Distracted Driving Awareness Month.” Texting and driving has become one of the biggest distractions to drivers on Kansas City roads, and a growing number of car accidents are being caused by it. The NSC says it’s time to Take Back Your Drive. The National Highway Traffic Safety Association previously estimated distraction to be a factor in only about 14 percent of all teen driver crashes. But a March 2015 study by researchers with the AAA Foundation for Traffic Safety revealed that distracted driving is a factor in almost six out of 10 moderate to severe car accidents involving teenage drivers. That’s four times the rate cited in many previous estimates. The study examined in-car videos that showed what teen drivers were doing in the seconds before a wreck, and the results reinforced suspicions of Kansas City area traffic safety officials who believe distracted-driving incidents involving teens is greatly underreported. Researchers studied almost 1,700 videos, and reported that distraction figured into 58 percent of the car accidents observed. According to the researchers, the videos will make you cringe as you watch young people stare at cellphones or talk with friends while their cars drift back and forth between lanes, dart off the road or come up suddenly on vehicles ahead of them. Missouri’s Stance on Texting & Driving Currently, Missouri has a ban on texting and driving only for novice drivers (Missouri defines “novice driver” as a driver age 21 and under). If you get caught texting and driving in Missouri and you’re under the age of 22, you could receive a fine, reports Arrive Alive. Legislation in Missouri is pending that would extend the ban on texting and driving to drivers of all ages. Missouri has multiple campaigns dedicated to safe driving including Arrive Alive, sponsored by the Missouri Coalition for Roadway Safety. Kansas’ Stance on Texting & Driving Between 2009 and 2014, an average of 92 died each year in Kansas due to distracted driving, according to KDOT statistics. That means distracted driving contributed to nearly one in four fatalities. As a result, Kansas state law now prohibits drivers from using a cellphone to text or send emails. A proposed Kansas bill also would prohibit drivers from talking on a cellphone but still allow use of a hands-free device, but the bill’s chances appear slim. Texting and Car Accidents – Fast Facts In 2012, more than 420,000 people were injured in crashes involving a distracted driver.[1] The US Department of Transportation recently noted that the use of cell phones while driving plays a role in 1.6 million auto crashes each year, causing 500,000 injuries and 6,000 deaths. In a recent study released by Virginia Tech Transportation Institute it was found that truck drivers are 23 times more likely to be involved in trucking accidents when using cell phones for texting. The study also showed that the risk was considerably higher for those dialing or texting than it was for those simply speaking on their cell phones. Driving at only 55mph, you can cover the distance of a football field in the time it takes to glance at your phone for under 5 seconds. And we all know the devastation that can occur in “the blink of an eye,” let alone in a full “5-mississippi.” If texting and driving has become a habit, it could take some time to get used to just focusing on the task of driving. While behind the wheel, you’ll need to make a conscious choice to not pick up your phone. You can turn your phone off and stow it in a place that can’t be reached, or you can rely on self-control. Ask your friends and family to keep you accountable as well. Share your no-phone pledge with them and ask them to check-in on you every week. There are numerous third-party Apps available for use by parents and adults, including ones that block texting while driving (Cellcontrol, Drive Safe Mode, Live2Txt), and others that encourage you to be an all-around safer driver (SafeDrive, Drivemode, Drivesafe.ly) Some cellphone companies are also trying to do their part to help, including the AT&T DriveMode app for iPhone and the Sprint Drive First app for Android devices. Taking a stand to drive distraction-free is well worth it. Not only will you help make the roads a safer place for everyone, you just might save your own life. [1] “Distracted Driving – Key Facts and Statistics.” Distraction.gov. National Highway Traffic Safety Administration. http://www.distraction.gov/content/get-the-facts/facts-and-statistics.html.

Drunk Driving Accident – The Party’s Over

Personal Injury, Wrongful Death / By msb

Nobody starts their night-out saying “I hope I hurt or kill somebody tonight in a drunk driving accident.” But if you or somebody you care about is choosing to drink and drive, these are the real consequences waiting on the other side of that decision. Unfortunately, I’ve seen the devastating impact these consequences have had on our clients who have suffered personal injury, or the wrongful death of a loved one, at the hands of a drunk driver. Thankfully, many organizations are trying to do something about this epidemic. The City of Overland Park, Kansas is taking one such step by having the Overland Park Police Department conduct a DUI Saturation Patrol on Thursday, May 5, 2016 from 10pm – 2am. #dontdrinkanddrive In the recent past, organizations like The National Highway Traffic Safety Administration, MoDOT’s Traffic and Highway Safety Division, the Kansas Highway Patrol, the Missouri State Highway Patrol, and law enforcement from Missouri and Kansas have initiated programs like “Operation Impact” and “Choose Your Ride.” Through these programs, these organizations illustrate the choices and consequences of drinking and driving to local students and residents through additional patrol cars, sobriety checkpoint vehicles, taxi cabs, and . . . a hearse on display. They also choose the timing of their events to coincide with spring break for many universities and colleges, and when St. Patrick’s Day events and basketball tournaments are under way thus putting celebrating foremost on the minds of young drivers. One small way the attorneys and staff at Morefield Speicher Bachman have chosen to help is by supporting Mothers Against Drunk Driving (MAAD) by participating in their “Walk Like MAAD” event on June 11, 2016. Our goal is to raise $2,500 to go toward mission critical funds to put an end to the 100 percent preventable crime of drunk driving. In addition to raising funds, Walk Like MADD also provides an outlet for those impacted by a drunk driving accident to channel their grief into hope and healing, and provides communities the chance to surround and support those hurting by taking action to prevent others from suffering because of drunk driving. If, like us, you want to take at least one small step to help stop this problem, you can start by: Making a donation now and help us reach our fundraising goal Walking alongside us and taking steps to stop this violent crime, or Spreading the word about Walk Like MADD using the hashtag #DrunkDrivingEndsHere. We hope you’ll join our efforts to put an end to drunk and impaired driving. Mothers Against Drunk Driving® (MADD) was founded by a mother whose daughter was killed by a drunk driver. MADD is the nation’s largest nonprofit working to protect families from drunk driving, drugged driving, and underage drinking. MADD also supports drunk and drugged driving victims and survivors at no charge through local MADD victim advocates and its 24-Hour Victim Helpline 1-877-MADD-HELP.

Motorcycle Accident: Does a Helmet Help My Case?

Personal Injury / By msb

We hear the question a lot. “If I am injured in a motorcycle accident without wearing a helmet, can I still recover for my injuries, medical bills, and lost wages? The answer depends on where the motorcycle accident happened. In Kansas, the law does not require motorcyclists to wear a helmet. Therefore, no comparative fault can be assessed against the rider if the accident happened in Kansas. Still, it is wise to wear a helmet. Even though a Kansas jury cannot assess fault for failing to wear a helmet, it is not uncommon for members of the jury to carry some prejudice against a rider who chose not to wear a helmet. This may cause the jury to have a lesser opinion of your claimed injuries and the resulting damages. Missouri law does require motorcyclists to wear a helmet. Therefore, if the motorcycle accident occurs in Missouri and the rider suffers injuries related to head trauma, the defendant can argue that the plaintiff was partially at fault for causing his or her own injuries and damages by not wearing a helmet. A helmet-less rider that suffers traumatic brain injury, concussion, or other injury to his head as a result of the negligence or inattention of another driver may still be able to recover damages from that driver, including payment for medical expenses, but his/her total recovery could be reduced (sometimes significantly) by the percentage of fault assessed to the motorcyclist as a result of failing to wear their helmet. This is called “comparative fault.” On the other hand, if the injuries were unrelated to the head, such as a fractured leg or a herniated spinal disc, then it is unlikely that any comparative fault would be assessed for failure to wear a helmet.

Appeals: Kansas Supreme Court

Business Law / By msb

Next in Morefield Speicher Bachman’s series on law for non-lawyers, is a discussion about appeals in Kansas. This article will look at what the appellate courts do and the differences between the two levels of appellate courts. On March 9, 2016, Kansas residents will get the opportunity to attend a session of the Kansas Supreme Court at historic Topeka High School. The Court will hear oral arguments in several cases followed by an informal reception to meet the public. For more information about the special Kansas Supreme Court evening session at Topeka High School, visit the Court’s website. This is a great opportunity for students with an interest in the law and for the general public to see the Kansas Supreme Court in action. How Do Cases Get to the Kansas Supreme Court? There are two levels of appellate courts in Kansas – the Court of Appeals and the Supreme Court. Despite what many people think, the parties to a lawsuit do not have the ability to appeal every decision made by a lower court. After a trial, if one of the parties believes that the District Court made an error of law that affected the outcome of the case, that party can file an appeal in the Kansas Court of Appeals. The appealing party files a document called a Notice of Appeal. Each party then files a brief explaining their position in the case to the Court of Appeals. After the briefs have been filed, the Court of Appeals schedules an oral argument, usually before a panel of three judges. At the oral argument, each party typically has 15 minutes to present their case although the Court will permit up to 30 minutes per side in special cases. In most cases, the appellate judges will pepper the lawyers with questions about the case and about the law. This process allows the Court to clarify the positions of the parties and to explore the ramifications of any decision they make. The Kansas Court of Appeals hears most appeals from the trial courts with the exception of certain cases involving certain constitutional questions or questions relating to certain major felonies. The parties in a case that has been tried in the trial court have a right to appeal errors of law to the Kansas Court of Appeals. The Kansas Supreme Court has jurisdiction over appeals involving the death sentence, cases where a statute was declared unconstitutional, and discretionary review of cases that were decided by the Court of Appeals. The parties to a civil case do not have a right to have their case heard by the Kansas Supreme Court, even if they are unhappy with the outcome at the Court of Appeals. The parties can request review by the Supreme Court, but the Supreme Court determines which cases it will hear.

Mediation and Alternative Dispute Resolution

Business Law / By msb

This is the third article in our “Law for Non-Lawyers” series. If you are involved in a lawsuit, you should ask your lawyers about mediation or alternative dispute resolution. Alternative dispute resolution (“ADR”) refers to any method of resolving a claim that is an alternative to trial. ADR includes mediation, arbitration, summary jury trial and conciliation. Mediation is the most common ADR method. Mediation is used in cases involving construction issues, business disputes, personal injury, auto accident, wrongful death, and virtually any other type of issue. Although judges sometimes order parties to mediate, settlement during mediation is voluntary. In mediation, the parties decide whether to resolve their case out of court and, if so, how to resolve the case. This is one of the great advantages of mediation over trial. Mediation is a formal settlement discussion that is guided and managed by a mediator. Mediators are sometimes referred to as “neutrals” because they don’t work for either party. The mediator is typically chosen by agreement of the parties and their attorneys. Most mediators are retired judges or experienced trial lawyers. Before the mediation, each lawyer typically sends a summary of his or her client’s legal position to the mediator and sometimes talks with the mediator about the case. At this stage, the attorneys are helping the mediator understand the facts and law that control the case. In some cases, the parties decide to exchange the mediation case summaries with each other. The mediation usually begins with a joint session with the mediator. The mediator will explain the process to the parties and have them sign a confidentiality agreement. Statements made by the parties in mediation cannot be used against them if the case goes to trial. Likewise, the mediator cannot be compelled to testify at trial about anything he or she learned in the mediation process. At many mediations, the lawyers will then make opening statements explaining their client’s side of the dispute. The purpose of the opening statement is to let the other side know enough about the case to be willing to settle. In cases where the parties’ emotions are expected to run high, the mediator may encourage the attorneys to skip the opening statement to avoid increasing the tension and reducing the willingness of the parties to settle. The next stage includes caucus sessions. The mediator will put each of the parties in a separate room with their lawyer. The mediator will then meet with each side privately. What happens during the caucus sessions will depend in part on the mediator’s mediation style. Some mediators use a facilitative style and others use an evaluative style. In facilitative mediation, the mediator asks questions of the parties, tries to discern what their ultimate interests are and tries to help the parties find and analyze options for resolving their disputes. In the facilitative model, the mediator does not push the parties to reach a resolution, but is more of a guide. The mediator will take settlement proposals back and forth between the parties. In evaluative mediation, the mediator asks questions of the parties, analyzes the law, and tries to help the parties see the weaknesses in their positions. The evaluative mediator encourages settlement by helping the parties objectively understand the weaknesses of their case. The mediator helps each party determine its “Best Alternative To a Negotiated Agreement” or “BATNA” for short. The BATNA is the best you can do if the other party refuses to negotiate or tells you to jump in a lake. Knowing the BATNA can help a party weigh the risk of walking away from the mediation against benefit of the amount offered or demanded by the other party. In the greater Kansas City area, the evaluative model is more common in most business and personal injury mediations. Although less common, the facilitative model is useful when the parties need to resolve more issues than just the payment of money. For example, in a slander case it may be particularly important to the victim to have the other party publicly apologize or publicly retract their slanderous statement. The victim may be willing to accept less money if his or her reputation can be restored. Most good mediators have the ability to use either model of mediation depending on what is most appropriate for the case. If you will be mediating your case, tell your lawyer about anything other than money that could affect your interest in settlement. Your lawyer needs that information to select the most appropriate mediator for your case and to effectively represent you in the process. At Morefield Speicher Bachman, LC, our lawyers have extensive experience representing clients in mediation. Richard Morefield is a trained mediator with experience mediating a variety of business and other issues. He welcomes the opportunity to serve as a mediator in both business and personal injury cases. He is on the approved mediator panel for the United States District Court for the Western District of Missouri. If you have questions about mediation or need a trained mediator, don’t hesitate to contact our firm.

Hearsay Evidence: Legal Basics for Non-Lawyers

Business Law / By msb

If you have ever watched a legal thriller or read a John Grisham novel, you have heard attorneys or judges use the word “hearsay”. If you are involved in a lawsuit, it is helpful to have a basic understanding of this legal term. Hearsay is a type of statement that is typically not allowed as evidence in court. In legal terms, hearsay is an out of court statement used to prove the truth of the matter asserted. See, Federal Rule of Evidence (FRE) 801. For example, if we need to prove that John was at the post office on Monday, we can’t have Susan testify that John told her he was at the post office on Monday. Witnesses are only allowed to testify about what they have personally seen, experienced, or heard. The reason for this rule is that it is unfair to the other party if they can’t cross-examine John about his whereabouts. An out of court statement is simply something that a person said when they were not in court. There are several types of out of court statements that look like hearsay, but are still admissible. For example, when a witness makes a sudden exclamation out of surprise or fear or excitement, this can come into evidence. When certain requirements are met, business records may be admissible. Prior sworn testimony can be admitted into evidence. If you are the person who sued someone (“the plaintiff”) or if you have been sued (“the defendant”), it is essential for you to remember that the statements you make out of court are NOT hearsay. If you talk about something related to your lawsuit out of court, other people can testify about what you said. Under the law, this is called an admission of a party. Similarly, anything your opponent says out of court is an admission that may come into evidence. There are many nuances to the rule against hearsay that a skilled trial lawyer can use to get hearsay into evidence or keep it out. If your lawyer knows about out of court statements that hurt your case, your lawyer may be able to keep them out of evidence. The most important takeaway is to keep your lawyer informed about everything you have said about your case to other people. You should not discuss your case with anyone outside of your legal team. Also, inform your lawyer about everything you have heard anyone else say about the facts of your case. If you are our client and have questions about hearsay, one of our experienced trial lawyers would be glad to answer your questions.

After a car accident, should I give a statement to the other driver’s insurer?

Personal Injury / By msb

When you are injured in a car, truck, or motorcycle accident caused by someone else’s negligence you will likely be asked by the at-fault driver’s insurance company to make a statement about the wreck and your injuries. If you have hired an attorney to represent you, you should make your attorney aware that you have been asked to give a statement. If you do not have an attorney, the decision to give a recorded statement to any insurance representative should be made with careful consideration. You are not required to give your recorded statement, and there are many factors to consider, such as: who is taking the statement, what information is the person trying to discover, and what benefit will you receive from allowing your statement to be recorded. If you make the decision to give your recorded statement, it may be wise to schedule a specific appointment time so that you can avoid distractions, and be completely focused on what questions are being asked. Then, before this appointment, it is often a good idea to write out everything you remember about what happened in the accident. It is important to take plenty of time to make your best recollection, and then convey that recollection as clearly, briefly, and accurately as possible. If you are asked about injuries you suffered as a result of the accident, describe your symptoms in detail. Do not list your diagnoses. You are not your doctor and you likely have not reviewed all of your medical records. If you respond by trying to remember the different diagnoses your doctor may have discussed with you, you may end up leaving something out or misstating the injury or treatment. To give the most complete answer, state your physical symptoms. For example, instead of saying “I have a back strain” you might say “I have sharp stabbing pains, and a burning sensation, in my back and neck every day.” or “I have difficulty turning my head without pain.” If you decide to give a recorded statement, and you are unsure about any question you are asked, don’t hesitate to ask the insurance adjuster to rephrase their question so that you clearly understand what they are asking. Also, if you become uncomfortable with any questions, politely notify them that you are going to respectfully decline to answer that question. Finally, if you decide to give a recorded statement, be sure to first get their agreement on the recording to send you a full and complete copy of your statement after it’s completed.

When Should You Call a Car Accident Attorney?

Wrongful Death / By msb

After suffering injuries in a car accident caused by somebody else’s negligence, most people are focused on getting the medical treatment they need to recover. This is especially true in instances of catastrophic injuries such as broken bones, traumatic brain injury, and spinal cord injuries. Your first thought probably isn’t “I wonder if I should call an attorney?” Even after the healing has begun, you may still not think about contacting an attorney right away especially if things seem to be rolling along with the at-fault driver’s insurance company. Here are some things to consider when deciding whether to call a car accident attorney sooner rather than later. The at-fault driver’s insurance company is not there to serve you. An insurance claims adjuster’s job is to gather information about any potential personal injury claims, and then to use that information to minimize the value of your claim for damages against the at-fault driver and their insurance company. They’re not bad people. It’s just their job. Knowing what to say, and what not to say, could be the pivotal factor in whether you make a recovery for your damages. The insurance company will likely want to take your statement about how the car accident occurred, the nature and extent of your injuries, etc. Again, they are just doing their job. However, what you say regarding the accident or your injuries could be later misconstrued, and used against you in favor of the insurance company. It is critical to know and understand what documents and information will be necessary to prove the value of your damages claim. Unfortunately, significant pieces of evidence, like photographs of the wrecked vehicles, photographs of the injuries, and a first-hand account of ways the injuries have impacted your day-to-day activities, can be lost or diminished if not gathered immediately after the wreck. Kansas and Missouri both have specific time limits on when and where you must bring a claim for personal injury. This is called the Statute of Limitations. Generally, you must bring a claim (i.e. file your lawsuit) within two (2) years from the date of an auto accident in Kansas, and within five (5) years in Missouri. There are exceptions when the injured party is a minor. An experienced personal injury lawyer will be able to explain the process, and help you determine where and when you would need to file a lawsuit to protect your rights. Many car accident attorneys in and around Kansas City, including Morefield Speicher Bachman, LC, offer a free initial consultation to discuss whether hiring an attorney is right for you. At that price, everyone can afford to buy some peace of mind.

Missouri Lien Law 201

Construction Law / By msb

From the Court of Appeals of Missouri, Eastern District, came a case of “first impression,” on 2 different issues concerning mechanic’s liens in Missouri. The case is Midwest Floor Co. v. Micelli Development Co., 304 S.W.3d 243 (Mo. Ct. App. E.D. 2009), for those who care to find and read the entire case. Various plaintiffs and defendants from the lower court decision were not parties to the case reviewed by the Court of Appeals, which was between Kelpe Contracting, who had filed a mechanic’s lien against property of some home owners (the Preckels) and their builder (Miceli). The holdings were both contractor friendly. And while neither holding may be a surprise to constructors, they are worth reviewing to remind us all that nothing should be taken for granted when it comes to lien laws. The facts of the case are that in May 2006 Kelpe Contracting was hired by Miceli, a developer, to stabilize a steep slope so that a rear entry garage could be constructed on a new home being built for sale by Miceli. The contract was set for $116,650. The work was started by Kelpe, but Kelpe could not locate stable ground and work temporarily halted to assess the situation and design. On September 21, 2006 Kelpe offered a second proposal in the amount of $45,894 related to a retaining wall to accommodate the rear entry garage. One day later, on September 22, 2006, the Preckels purchased the property and filed their deed. When Kelpe was not paid for the work done under either proposal, a lien was filed by Kelpe against the property, which then owned by the Preckels. Kelpe filed and won summary judgment, and the Preckels appealed. The basis of the Preckel’s appeal was two fold. First, they contended the lien was fatally defective because it contained “non-lienable items.” They correctly cited RSMo § 429.101, which states that a mechanic’s lien is only available for a person who “shall do or perform any work or labor upon the land.” Their argument was that Kelpe had subcontracted the work and, therefore, did not themselves perform work or labor upon the land. Amazingly, this was the first time this angle had ever been brought up to the court for interpretation. Thankfully the Court held Kelpe did in fact perform the work by furnishing labor through subcontractors and that to accept the Preckel’s interpretation of the lien law would deny Kelpe security for the labor it had furnished (through subcontractors). The Court held lien claimants may include the work performed by subcontractors in their mechanic’s liens. Whew…that’s great to know considering the hundreds, if not thousands, of liens that have been filed over the years by general contractors for work performed many times, if not most of the time, by subcontractors! Had the Court found otherwise, there would most certainly have been an immediate move in the Missouri legislature to amend the lien laws to correct what would have been the new interpretation of Missouri’s lien laws. There would have been numerous invalid liens in the pipeline, potentially leading to just as many claims of legal malpractice. So it’s easy to see why the holding of this case was just as important to construction lawyers as it was to the constructors. Thank you Court of Appeals! The second holding from the Court concerns the timing of the lien statement. The Preckels argued that there were two contracts for the work performed by Kelpe and, as a result, Kelpe was required to file two separate liens on the property instead of just the one that was filed. The Preckels argued the first work was abandoned before the second work began, so Kelpe should have filed a lien on the first work within 6 months from the last day on phase 1, and then another lien should have been filed on the retaining wall work within 6 months after the last day worked on phase 2. Again the Court of Appeals came through with a logical (and correct in the eyes of constructors everywhere) holding. First know this, if there are been two distinct, unrelated contracts, the Court may well have sided with the home owners; however, ultimately the court held that the work performed by Kelpe under both contracts was “necessary to accomplish one goal.” The Court found the work was never abandoned, just temporarily stopped to formulate plans to overcome unforeseen obstacles. The important thing from the holding is the “necessary to accomplish one goal.” That made the single lien for both contracts appropriate and enforceable in the eyes of the Court. Because both contracts were performed to “accomplish one goal,” the timing of the lien was tied to the last day worked on the second contract, and the lien was timely filed. This is but another example of how mechanic’s lien laws are like an onion…just when you think you know how to read and interpret the statutes, you have to peel back another layer and go deeper into the cases to find how the courts have interpreted those very statutes. Mechanic lien laws vary from state to state…so the very best advice and counsel I can leave you with is to always consult with a well-qualified, experienced construction lawyer that is familiar with the laws in the state where the project is located.

msb

Missouri Mechanic’s Lien – Subcontractors Protect Your Lien Rights

Texting and Driving Causes Car Accidents. Period.

Drunk Driving Accident – The Party’s Over

Motorcycle Accident: Does a Helmet Help My Case?

Appeals: Kansas Supreme Court

Mediation and Alternative Dispute Resolution

Hearsay Evidence: Legal Basics for Non-Lawyers

After a car accident, should I give a statement to the other driver’s insurer?

When Should You Call a Car Accident Attorney?

Missouri Lien Law 201

Choice of Attorney

Contact Info