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I also know that the school district won’t dissolve all of a sudden or declare bankruptcy. So if an owner owes you 50% of a contract value, you probably owe about 80% of that money to subs and suppliers (if you’re a GC of course), so now you’re left with no money after you pay the lawyer.
In January 2007, Southern Builders, the general contractor, commenced a mechanics lien action in the Circuit Court. A counterclaim was filed by Shaw Development alleging breach of contract and negligence. ” But the only relevant contract provision provided, “D. The Work consists of the following: 2.
In January 2007, Southern Builders, the general contractor, commenced a mechanics lien action in the Circuit Court. A counterclaim was filed by Shaw Development alleging breach of contract and negligence. ” But the only relevant contract provision provided, “D. The Work consists of the following: 2.
He is the founder of Zlien.com , a national mechanics lien filing and compliance management service. Scott writes the Construction Lien Blog , which analyzes construction lien laws and regulations across the nation. Understand What Type of “Lien” Is Available. I hope you enjoy. + + + + + + + + + + + +.
The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Waivers of liens: fraud. Listed below are links to weblogs that reference Waivers of liens: fraud : Recent Posts. mechanics liens. Categories.
Many times those costs are not recovered, however; they could make the difference in keeping the Builder or Owner solvent or ending up with a failed project or worse yet bankruptcy. A good estimate requires time to develop which directly effects the Owner’s, Contractor’s, Architect’s and Engineer’s cost of doing business.
It happens this way: A contractor or subcontractor borrows money from a lender, and as security for the loan it gives the lender an assignment of or lien on its receivables and contract rights. Otherwise all construction contracts would have such a clause, thwarting the lender’s statutory rights.
The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. New York court holds that contractor installing cogeneration system not entitled to a mechanics lien. Chapeau filed bankruptcy. mechanics liens.
Late payments and non-payments are, unfortunately, pivotal contributors to declining contractor productivity eventually, in some cases, leading to bankruptcy for many GCs and subcontractors. Industry research supports these sentiments. High compliance risk. Moreover, manual payment processes also increase compliance risk.
The main advantage of such “trust fund” provisions is in bankruptcy; trust funds are not considered assets of the subcontractor/debtor that can be distributed to general creditors. any principal of the sub signing the lien waiver may also be liable to the general. If the sub falsely swears (it happens!),
The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Fidelity had issued a payment bond, but Fidelity refused to pay after the owner declared bankruptcy, and BMD sued Fidelity. mechanics liens. Categories.
If you start growing without proper financial management, you will quickly find your company out of cash and in bankruptcy court. In the end, your business is a collection of many different processes—from simple phone greetings to deciding whether to file a mechanics lien for non-payment. On-demand legal help you can afford.
If you start growing without proper financial management, you will quickly find your company out of cash and in bankruptcy court. In the end, your business is a collection of many different processes — from simple phone greetings to deciding whether to file a mechanics lien for non-payment. On-demand legal help you can afford.
If you start growing without proper financial management, you will quickly find your company out of cash and in bankruptcy court. In the end, your business is a collection of many different processes—from simple phone greetings to deciding whether to file a mechanics lien for non-payment. On-demand legal help you can afford.
If you start growing without proper financial management, you will quickly find your company out of cash and in bankruptcy court. In the end, your business is a collection of many different processes — from simple phone greetings to deciding whether to file a mechanics lien for non-payment. On-demand legal help you can afford.
The program offers three types of benefits: Transaction Privilege Tax Exemption – Exemption from transaction privilege tax on contracts for certain types of construction at an MRZ. State Preference Points – Enterprise Zone companies can earn preference points on state contracts. For more information, please visit this link.
RESEARCH AND DEVELOPMENT INCENTIVES: University Based Research and Development – An eligible business that contracts with one or more Arkansas colleges or universities in performing research may qualify for a 33 percent income tax credit for qualified research expenditures. This tax credit is applied to a tax payer’s state tax liability.
As discussed in an earlier blog (#60), in order to “perfect” a mechanic’s lien in New Hampshire the lienor must institute court action for the purpose of getting an attachment order, Topjian Plumbing Heating, Inc. Suppose the owner files for bankruptcy protection before that step is taken. Bruce Topjian, Inc. ,
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