SB 267 - This act modifies various provisions relating to real estate liens.

This act creates forms to be used to execute valid lien waivers. Forms for a conditional and unconditional waiver and release upon progress payment and a conditional and unconditional waiver and release upon final payment are established. This section governing the form of valid lien waivers becomes effective January 1, 2010.

Currently, architects, engineers, landscape architects, land surveyors, and corporations registered to do the work of these professions who perform work on buildings or land have a lien on the building or land to the extent of one acre. This act increases the lien to encompass three acres.

Attorneys' fees for actions to enforce liens shall be levied against the property charged with the lien. When the debtor has not been served a summons and not appeared but has been notified by publication a successful plaintiff in the action shall also recover interest.

If the owner of the property that is the subject of the lien conspicuously posts notice containing certain information about the owner, owner's agent, original contractor and architect, a material supplier or any subcontractor shall provide certain notice to the owner in order to have payment of its award of attorneys' fees secured by the mechanic's lien levied against the owner's property. Original contractors whose contract is with the owner of the property is not required to provide notice to the owner to secure attorneys' fees.

This act is similar to SB 1074 (2008) and HB 595 (2009).


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