State and Federal Litigation
Overview
State or federal litigation can provide effective solutions for construction-related disputes. However, each is governed by different procedural rules and may address different types of legal issues. State courts are courts of general jurisdiction. Federal courts are courts of limited jurisdiction. For example, in order to file a federal lawsuit there must be diversity jurisdiction (parties from different states) or federal subject matter jurisdiction (arising under the constitution, federal law, or treaties) if neither exist, the dispute will be handled in state court.
The state and federal attorneys at Flores Ryan, LLP have expertise in every aspect of state and federal litigation procedures and strategies. We provide the legal expertise to ensure that each dispute is handled efficiently and effectively. Our extensive experience allows us to advance state and federal litigation strategically to maximize the likelihood of a rapid and substantial recovery.
ARTICLES
California Mechanics Lien Basics
This article covers eligibility for obtaining, and requirements for perfecting, mechanics liens in California.
Mechanics lien deadlines in CA
An overview of the deadlines applicable to recording and enforcing mechanics liens in CA.
Steps To Take After Recording a Mechanics Lien in California.
Suggestions and strategies for securing payment after a mechanics lien has been recorded.
Mechanics Lien, Stop Payment Notice, Or Bond Claim?
A comparison of statutory payment remedies and when some or all should be employed.
KEY POINTS
- State litigation typically involves state specific construction statutes, such as the Public Contract Code and lien statutes, as well as contract disputes for state projects.
- State courts, unlike Federal courts, follow their own procedural rules which generally vary from state to state.
- Federal litigation often involves specific Federal statutes which provide protections for those supplying labor/materials for Federal construction jobs.
- In some cases, Federal courts may use pendent jurisdiction over state claims that are closely tied to Federal questions, such as those involving Federal construction projects under the Miller Act.
- Some cases must be filed in Federal court, such as patent and copyright claims, ERISA breach of fiduciary duties, and other matters specified by Federal statute
FORMS
Below you can generate the following forms that are applicable to mechanics liens:
- Preliminary Notice Generator
- Conditional Waiver & Release on Progress Payment Generator
- Unconditional Waiver & Release on Progress Payment Generator
- Conditional Waiver & Release on Final Payment Generator
- Unconditional Waiver & Release on Final Payment Generator
- Letter of Intent to File a Mechanics Lien
- Mechanics Lien Generator
- Partial Release of Mechanics Lien Generator
- Total Release of Mechanics Lien Generator