Updated Guidance on Liens and Bonds in the 50 States from The ASA Attorneys Council
The American Subcontractors Association is pleased to announce updated guidance from the ASA Attorney's Council. This valuable document details the applicable law regarding Lien and Bond claims in all 50 states. This resource and many others can be accessed in the Members only Info Hub at ASAonline.com. ASA is proud to provide this information as a benefit to our valued members and kindly request that it not be shared with non-members
Click Here to Download Lien And Bond Claims in the 50 States
Lien and Bond Claims in the 50 States: 2025 is published by FASA, The Foundation of The American Subcontractors Association, and was prepared by Eric B. Travers, Esq. and approved by the ASA Attorneys' Council.
A lien is a claim against property to secure a debt. Liens that secure payment of debts owed to construction subcontractors for the value of work performed, and materials furnished, on a construction project, are quite common in the United States, and generally arise by operation of state law based on the consent of the land owner to have his or her land improved. A lien may be one of several legal tools at a subcontractor’s disposal to ensure payment, but a lien is generally the most effective tool because it encumbers the improved real estate in much the same fashion as a mortgage or a judgment, effectively preventing resale.
A bond is a three-party instrument by which one party (the surety) guarantees or promises a second party (the owner or prime contractor) the successful performance of contract obligations owed to the second party by its principal (the contractor or subcontractor).
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