Project 2022: Pantheon

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qdeathstar said:
I have to disagree. If seas were forced to sell bge the lean insures that payment happens before the sell is finalized. It doesn’t really hurt bge in any way... the mechanics lien doesn’t force bge to pay, and automatically expires in six months...
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The liens are quite annoying when a business is doing any kind of financing as they have to be disclosed to the lender and evidence demonstrating why there's a lien against the property is usually required. It's the same issue if a vendor doing work on your home puts a lien on your house in the course of doing work even though you are current on making payments. If you try and refinance or get a HELOC with that lien in place, the lender is going to want all kinds of documentation about why you have a lien on your house and your intention to pay it since the lienholder could foreclose on the property if needed to satisfy outstanding payments.

If I were SEAS and I had a vendor putting liens against jobs that we were always current on payments with, unless they did spectacular or one of a kind work, I'd being going with other vendors who didn't waste my staff's time in that manner.
 
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There’s really no ones time wasted in filing a notice of a lien. What was filed allows for action should the contractor chose to force collect on the debt. It very well could have been a positive conversation that lead to the lien.

Yes I get the SEAS has had financial issues in the past but assuming this malicious on either side rules out other possibilities.

But I’m not really going to discuss it much more. You seem convinced without evidence that it’s a non-payment lien and there’s no other explanation.
 
So, this is just me thinking. What if the lien was put in place so as Henderson had the upperhand in a contract negociation for completion of the ride.So what if BGW came to them and said we want you to stop work either because of safety of getting sick or they didnt think they could pay. Either way that is a change order in the contract. Now they have to negociate with Henderson on what the price of that change order is and when they want Henderson to start work back up. By them holding a lien BGW couldnt just hire another company to finish the work at a cheaper or equal price then pay Henderson based on what was completed in a court. In the long run the park would be better off paying Henderson what they wanted so they complete the work without a long drawn out process which would keep the park from finishing and or opening the ride.
 
WDWRLD said:
So, this is just me thinking. What if the lien was put in place so as Henderson had the upperhand in a contract negociation for completion of the ride.So what if BGW came to them and said we want you to stop work either because of safety of getting sick or they didnt think they could pay. Either way that is a change order in the contract. Now they have to negociate with Henderson on what the price of that change order is and when they want Henderson to start work back up. By them holding a lien BGW couldnt just hire another company to finish the work at a cheaper or equal price then pay Henderson based on what was completed in a court. In the long run the park would be better off paying Henderson what they wanted so they complete the work without a long drawn out process which would keep the park from finishing and or opening the ride.
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That’s most likely what it is based on what I’ve been reading is the legal advice going into the pandemic. Basically file to give yourself the protection and withdraw when the first payment after happens or you can start work. It’s easy to google “should I file a lien because of COVID” and you will see pages of legal offices advising the same thing.
 
I really surprised that BG/Seas doesn't require their contractors/subcontractors to sign lien waiver forms. It doesn't stop a company from filing a breach of contract/lack of payment lawsuits, but it does stop any additional encumbrances on the project. We often have to sign them when dealing with certain development companies. It seems like a big oversite by their accounting/legal team.
 
Celticdog said:
I really surprised that BG/Seas doesn't require their contractors/subcontractors to sign lien waiver forms. It doesn't stop a company from filing a breach of contract/lack of payment lawsuits, but it does stop any additional encumbrances on the project. We often have to sign them when dealing with certain development companies. It seems like a big oversite by their accounting/legal team.
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A lien waiver may not legally be enforceable if the state statute or case law bans it.
 
rswashdc said:
A lien waiver may not legally be enforceable if the state statute or case law bans it.
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I can't speak for other states, however, my employer is based in Virginia with us performing work in Virginia. The waivers we've signed have been both for Virginia based companies as well as those based in other states. If it was a violation of Virginia state statutes our lawyers would've stepped in. They review all documents that could have a legal effect on the company.
 
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Celticdog said:
I can't speak for other states, however, my employer is based in Virginia with us performing work in Virginia. The waivers we've signed have been both for Virginia based companies as well as those based in other states. If it was a violation of Virginia state statutes our lawyers would've stepped in. They review all documents that could have a legal effect on the company.
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Current Virginia law prohibits lien waivers in a lot of cases:

§ 43-3. (Effective October 1, 2019) Lien for work done and materials furnished; waiver of right to file or enforce lien.
C. Any right to file or enforce any mechanics' lien granted hereunder may be waived in whole or in part at any time by any person entitled to such lien, except that a general contractor, subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights in a contract in advance of furnishing any labor, services, or materials. A provision that waives or diminishes a general contractor's, subcontractor's, lower-tier subcontractor's, or material supplier's lien rights in a contract executed prior to providing any labor, services, or materials is null and void. In the event that payments are made to the contractor without designating to which lot the payments are to be applied, the payments shall be deemed to apply to any lot previously sold by the developer such that the remaining lots continue to bear liability for an amount up to but not exceeding the amount set forth in any disclosure statement filed under the provisions of subsection B.

Your company can sign the waivers, but they probably won't be enforceable in court if the customer tried to get a lien case dismissed.
 
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I have a feeling when Disney announces they’re reopening date tomorrow, 5/21/20, Seaworld is going to open within 2 weeks of Disney opening. It might only be the Florida parks though and Iron Gwazi and Icebreaker May open but, Pantheon will most likely be SBNO for the 2020 season.
 
@rswashdc Even though a waiver might not be legally enforceable, they may still have a good faith agreement regardless that while not enforceable would look incredibly bad upon the company if disregarded.

@Travis... SeaWorld already has given a projection for reopening. No specific date, just a timeframe. It is likely that all the Florida parks (Disney, Universal, etc.) would open around similar time frames. That said we just don't notice.
 
VonDerrick said:
@rswashdc Even though a waiver might not be legally enforceable, they may still have a good faith agreement regardless that while not enforceable would look incredibly bad upon the company if disregarded.
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There's good psychology on people committing to things they sign, so putting in contract clauses that aren't enforceable is actually a good legal strategy to deter claims, or liens in this case, even if you'll probably lose in court.
 
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