Latest updates
1/26/2012 2:28:49 PM
ILLINOIS & TEXAS — Statute Updates
Updates were made to The National Lien Digest©, LienTracker® and LienTracker NTO to reflect the latest Illinois statute regarding suit to enforce a bond claim.
The NCS Online Services Portal was also updated to include the Texas statutory lien waivers as provided by HB1456, for contracts entered into as of January 1, 2012. Click here for text.
11/23/2011 1:24:09 PM
Seven States Enact 2010 Amendments to UCC Article 9
According to the Uniform Law Commission, seven states have now enacted the 2010 Amendments to the Uniform Commercial Code Article 9.
Indiana, Minnesota, Nebraska, Nevada, North Dakota and Texas have all selected the individual debtor name Alternative A, while Washington picked Alternative B.
All will be effective July 1, 2013. It is expected that many more states will enact the amendments in 2012.
10/21/2011 3:32:25 PM
ALABAMA—SB437—Retainage Law
Effective for contracts executed on September 1, 2011, and thereafter, new retainage provisions are included in Alabama's Prompt Pay Act. Click here for text.
10/10/2011 4:05:13 PM
Australian PPS Act and PPS Register Scheduled to Commence in Early 2012
The Australian PPS Act and PPS Register are scheduled to commence from the registration commencement time, which will be in early 2012.
Attorney General, Robert McClelland will make a determination under the Personal Property Securities legislation that will set the actual date for the PPS register commencement.
(Source: Personal Properties Security Register)
3/14/2011 2:22:22 PM
The National Lien Digest Instructional Video Now Available
Specifically for The National Lien Digest subscribers, we have created a comprehensive YouTube video that demonstrates the NLD features and functionality. Subscribers may access the video by logging into the NLD and selecting "Support / Getting Started" from the main menu and then by clicking on the video links.
Not yet a National Lien Digest subscriber? Click here to get a quick overview demonstration. Feel free to contact NCS with any questions at 800-826-5256 or e-mail ncssales@ncscredit.com
2/4/2011 3:32:00 PM
States Begin to Implement 2010 Amendments to UCC Article 9
Six states have introduced legislation to implement the 2010 Amendments to UCC Article 9. The uniform effective date is July 1, 2013. The six states are Connecticut, Indiana, Nebraska, North Dakota, Oklahoma and Washington.
NCS will closely monitor the enactment of these amendments by each state and keep you informed as more states introduce the 2010 Amendments to Article 9.
9/17/2010 11:16:00 AM
Missouri Lien Laws have been updated.
The Missouri statute has recently been updated. The online version of The National Lien Digest includes the changes. The other versions of the publication will be updated soon.
7/8/2010 4:45:00 PM
TENNESSEE—HB3159—Retainage and Deposit of Funds
As enacted, this amendment specifies that if a party withholding retained funds in regard to a construction contract fails to deposit the funds into an escrow account, the party would be responsible for paying the owner of the retained funds an additional $300 per day for each day that the retained funds are not deposited into an escrow account; specifies failure to deposit retained funds into an escrow account within seven days' receipt of written notice regarding such failure is a Class A misdemeanor. - Amends TCA Title 66, Chapter 34, Part 7. Click here to read the full text.
7/8/2010 4:40:55 PM
OKLAHOMA—SB573—Retainage on Public Works Projects
This bill affects public buildings and public works; relates to retainage of payments in certain construction contracts; and reduces maximum percentage of retainage allowed in construction contracts. Click here for full text and enter "SB573" in the search box.
7/8/2010 4:30:01 PM
OKLAHOMA—SB1012—Requirements for Bid Project Contracts & Payment Requirements
This bill establishes requirements for certain bid project contracts and provides for inclusion of certain payment requirements on certain bid contracts. Click here to view the full text. Enter "SB1012" in the search box.
7/8/2010 4:20:33 PM
ARIZONA—SB1375—Prompt Payment Provisions
This bill outlines requirements and regulations for the release of retention or final payment to a contractor. It expands and stipulates contractual language for the release of retention, final payment and progress payments. Click here to read the full bill.
6/11/2010 9:08:13 AM
Building on 40 years of experience, NCS is proud to introduce the next generation of The National Lien Digest.
Click here to see a special sneak preview!
6/4/2010 4:22:42 PM
Australia extends Personal Property Reform Bill until May 2011
In Australia, Personal Property security reform has been a policy of
issue for many years.
Following the lead of the United States, Canada
and New Zealand, the Commonwealth Government of Australia released the
Personal Properties Securities Bill in 2008. The reform Bill is proposed
to establish national comprehensive rules governing security interests
in personal property. The Bill intends to remove the current
limitations on the use of personal property as a security for loans. It
will also develop a single national online register of personal property
security interests, helping secured creditors determine priority.
In
November 2008, the Bill was referred to the Standing Committee on Legal
and Constitutional Affairs. On March 19, 2009, the Standing Committee
extended the commencement of Bill from May 2010 to May 2011 in order to
implement the Standing Committee's recommendations. It is possible that
further amendments will be made to the Bill before it is debated in
Parliament. In all likelihood the Bill will be passed providing a huge
benefit to secure personal property in Australia.
5/10/2010 11:54:11 AM
Puerto Rico Gets Assistance with UCC Processing
The Puerto Rico Department of State has hired INFOMAX Corporation to assist in the processing of UCC information.
Most of the backlog of thousands of documents since June 2009 have been processed. They are currently working on filings for April and May 2010.
Documents will be returned as soon as they are posted. Requests for information (search requests) still reflect a through date of June 30, 2009.
4/24/2010 10:29:00 AM
Licensing of Elevator Contractors and Mechanics in Utah
The Utah statute has been amended to provide for the licensing of elevator contractors and elevator mechanics in Chapter 55 of Title 58, Utah Construction Trades Licensing Act.
The legislation:
- Provides qualifications for licensure of an elevator contractor and elevator mechanic.
- Provides for an emergency temporary elevator mechanic's license.
- Provides for exemptions.
- Provides a continuing education requirement.
This legislation is viewable at
http://le.utah.gov/~2010/bills/hbillenr/hb0011.pdf
Unless noted otherwise, Utah legislation typically becomes effective within 60 days from the date the legislature adjourns (60 days from March 5, 2010.)
4/19/2010 12:58:00 PM
Beware! Oregon Statute Requires Contractors Be Licensed
The passage of Oregon HB 3689 prohibits those who provide material, equipment or labor from filing a lien if they furnish the material, equipment or labor to an unlicensed contractor. This applies only to projects to renovate, remodel, repair or otherwise alter an existing owner-occupied residence.
This legislation can be viewed here:
http://www.leg.state.or.us/10ss1/measpdf/hb3600.dir/hb3689.en.pdf
11/13/2009 12:52:00 PM
New Legislation from Utah Applies to Narrow Scope of Projects
The State of Utah passed legislation, effective October 1, 2009, under SB 230. These provisions will only apply to a narrow scope of projects. The project must:
- be private;
- be over $500,000;
- be completed within 120 days; and
- have no payment bond.
If the above requirements are met,
the owner has 45 days prior to filing their Notice of Completion to file a Notice of Intent to file a Notice of Completion. A copy of the Notice of Intent is emailed to all those who filed a preliminary notice on the State Construction Registry (SCR). Within 10 days of receiving the Notice of Intent email, all potential lien claimants must provide the owner an estimate of the balance owed, and, if disputed, an explanation of the dispute. This is done on the SCR.
Once the balance is entered on the SCR, a notice must be mailed (certified) to everyone who owes the claimant money, which basically says,"We entered our balance on the SCR and we demand assurance you have sufficient funds to pay us." There is no deadline for the assurance to be provided. If not provided, you can then sue and have the court force them to prove assurance of funds.
The statute clearly says it does not affect the mechanic’s lien statute, so lien rights appear to remain intact even if the new procedures are not followed. However, the statute does not address how these requirements affect the statute under payment bonds that provides for a cause of action against the owner if no payment bond is required on a contract over $50,000.
From a practical standpoint, it would not seem worth the time and expense to follow these procedures and to sue your customer for the assurance they have the funds to pay you, especially when you can proceed with a lien regardless of the new procedures. However, it is not clear whether you would still have a cause of action against the owner for failing to require a bond if the new procedures were not followed.
The NCS attorney in Utah has advised that he expects corrective legislation to follow.
Click here for more information.
10/16/2009 3:35:00 PM
Important Changes in Pennsylvania Lien Laws
Pennsylvania Senate Bill 563 became effective October 10, 2009.
The new law provides that a waiver of lien rights may be filed, preventing liens from attaching to residential property. Previously, no-lien agreements were available only on residential projects with general contracts under $1 million. Now, a waiver of lien rights may be filed on any residential project, regardless of the contract value.
9/16/2009 3:24:00 PM
Connecticut Secretary of State Offers Online Filing
Effective September 2009 the Connecticut Secretary of State now offers online filing for ONLY original UCC Financing Statements. Along with this enhancement comes the doubling of filing fees. NCS UCC Services Group has partnered with the Connecticut Secretary of State as an online service provider.
9/16/2009 3:12:00 PM
Puerto Rico UCC Update
The Commonwealth of Puerto Rico Department of State is undergoing financial difficulties that have resulted in the reduction of their workforce. During this restructuring the filing of UCC documents has been delayed. There have been no UCC documents recorded since July 2009. The office continues to accept mailed documents by date stamped in order of receipt.
9/15/2009 3:21:00 PM
Georgia UCC Update 09/15/09
Effective September 15, 2009, The Georgia Cooperative Authority has begun transitioning to online filing. Currently this new service is only offered through three counties – Fayette, Barrow and Coweta with NCS UCC Services Group as a pilot partner.
Under the current system, a secured party need only file in one county to receive statewide notification of his lien position. This continues to be true for original UCC filings, but any UCC Amendment filings must be recorded in the county where the original filing was made. Historically, prior to 1995, it was necessary to file in all 159 Georgia counties to receive statewide notification. The central index provides secured parties with greater protection while saving them both time and money.
8/10/2009 2:30:00 PM
Efficient. Paperless. Secure.
Your documents will now be stored electronically in a secure central location, easily accessible 24/7 from anywhere, allowing you to work more efficiently.
» Virtual File Cabinet: You can easily access all completed documents with just a few clicks of your mouse.
» Efficient and Organized: Everyone with access to a contact’s portal can view the documents.
» Paperless Archiving: Documents do not need to be printed to maintain a copy.
» Easy Email Retrieval: The subject line of the notification email will now include your reference number and debtor name.
» Simple: The text of the email will describe the next action and time frame, along with any pertinent notes.
» Comprehensive Storage and Archiving: Other legal documentation (notices of commencement, payment bonds, etc.) and any written communication received in response to a provided service will be included in your document pool.
» Environmentally Friendly: Paperless records mean less waste while conserving resources.
6/15/2009 12:53:33 PM
Generation Renovation
Many of our customers are dealing with the realities of the economic recession: lower sales, reduced operating budgets, increased customer defaults, bankruptcies and layoffs. During these harsh times, NCS continues to stand as a steady partner with our clients' credit departments, ready to provide them with expert guidance and support to secure their tomorrow.
One way NCS is doing this is through Generation Renovation: A newly constructed notice to owner program featuring three generations of options—Attorney Notice, Premium Notice and Express Notice—based on your level of need. This program will officially roll out in July 2009. For more information on our upcoming new notice program, contact us at SecureYourTomorrow@ncscredit.com or 800-826-5256.
