ASSOCIATION HIGHLIGHTS

AGC’s 2016 Annual Conference On the Horizon

educational and networking events during AGC of California’s Annual Conference and Meetings, slated for October 19-22, 2016 at the Portola Hotel & Spa in Monterey. Te conference includes an array of

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AGC Committee, Division and State Boards of Directors business meetings, numerous educational sessions, golf and bocce tournaments, events for spouses/guests, entertainment, and a host of networking opportunities. Conference attendees will be able to interact with dozens of leading suppliers and solution providers at the AGC Annual Conference Expo that will run concurrently with the conference. Te AGC Construction Education

Foundation will provide more than a dozen educational sessions for attendees to choose from over the course of three days. Presented by a variety of industry leaders, the topics range from “Technology’s Expansion into the Educational System,” to “Mixed Use Projects 2016: Legal, Practical, Insurance and Contracting

GC of California members and guests will participate in a wide variety of business,

Challenges,” to “Succession Planning/ Owner Exit Strategies,” among many others. Construction industry technology

guru James Benham of JBKnowledge, Inc. will kick off the conference opening session with a keynote address entitled “Future Forecast: How Drones, Sensors and Integrated Apps are Rewriting all the Rules,” on Tursday, October 20. In his presentation Benham will address the latest trends, solutions and devices in building technologies and discuss real companies who are researching and implementing the latest technologies on their construction projects. In conjunction with the

Conference, AGC of California will hold its prestigious annual 2016 Awards Night on Saturday, October 22, at the Portola Hotel & Spa in Monterey. Also during the conference, the

AGC Safety & Health Council will hold its 2016 Safety Awards of Excel- lence luncheon on Friday, October 21, 2016, and the Construction Education Foundation will hold its CEF Building Futures Awards Luncheon on Tursday, October 20.

LEGAL NEWS (continued from page 19)

grading and drainage, had already begun. Moreover, the loan file contained a specific instruction from the lender to the title and escrow company. Te “Special Instructions” stated:

“Construction may have commenced upon the site covered under the Deed of Trust. Do not close escrow and do not issue the ALTA Policy…unless you are willing to do so with knowledge that Lender is relying thereon for protection against the claims of Mechanics and Materialmen…” Tese facts were proven at trial.

As a result, the court found that the construction lender’s deed of trust

20 September/October 2016

was junior to my client’s mechanics’ lien – notwithstanding the fact that the mechanics’ lien was recorded almost two years after the loan. Again, payment in full followed.

Conclusion Not many would deny that we

are currently in another “boom” cycle – which is often when this situation occurs. Proving a mechanics’ lien is senior to a lender’s deed of trust usually creates a situation that is intolerable for the lender which often results in payment to the contractor lien claimant. For these reasons, it is

always important to ascertain the true seniority and position of contractor’s mechanics’ lien – and if it is senior and “better than the bank,” be prepared to prove that.

Craig S. Nevin, CNevin@Youngman. com (925) 930-6000 is Senior Counsel at Youngman Ericsson Scott, LLP, former Associate General Counsel for the Lusk Companies and author of “California Mechanics’ Liens and Related Construction Remedies, (CEB) 2012, Chapter 2, ‘Private Works Remedies.’”

AGC CALENDAR OF EVENTS

September 16, 2016 AGC Legal Retreat, Southern California Quail Lodge Resort & Golf Club, Carmel

September 21, 2016

Safety & Health Council Annual Planning Workshop in Anaheim

September 30, 2016 Tri-Counties District Annual Golf Classic at River Course at the Alisal in Solvang

September 30, 2016 Santa Clara District Sporting Clay Shoot & BBQ

September 30, 2016

Delta-Sierra District Monte Carlo Night at the Elks Ballroom, Downtown Sacramento

October 19-22, 2016 AGC of California 2016 Annual Conference at the Portola Hotel & Spa in Monterey

For more information on the AGC

of California 2016 Annual Conference, any of the special events or awards programs, or to register, visit AGC online at www.agc-ca.org or call (916) 371-2422.

California Constructor