Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. certifications and/or lien waivers) to the prime contractors to obtain payment.

Lien 71

Lien Claims Massachusetts Contract 71

NH Construction Law

MARCH 26, 2023

When a general contractor or lower tier subcontractor or supplier records a mechanic’s lien attachment on property, security for the lienor’s hoped-for judgment is achieved – but often something more, and perhaps unintended, is achieved. Consolidated Electrical Distributors Inc. Eclipse Construction, Inc. ;

Lien 40

Lien Subcontracting New Hampshire Bargains 40

Levelset

APRIL 1, 2022

The variety of services they provide can create a lot of confusion around their right to file a mechanics lien if they don’t get paid. In an attempt to make things clearer, let’s look at what type of work restoration and remediation contractors can file a lien for — and what type of work is less likely to be protected.

Lien 52

Lien Contractors Inspections Consulting 52

Constructlaw

OCTOBER 20, 2022

A New York appellate court recently affirmed the dismissal of a subcontractor’s counterclaims for delay damages and for unpaid amounts because they were barred by the parties’ no-damage-for-delay provision and executed lien waivers, respectively. Pizzarotti LLC, a construction manager, sued its subcontractor, X-Treme Concrete, Inc.,

Lien 52

Lien New York Subcontracting Claims 52

Best Practices Construction Law

SEPTEMBER 25, 2020

The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

Compensation 97

Compensation Lien Claims North Carolina 97

Best Practices Construction Law

AUGUST 24, 2012

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. + + + + + + + + + + + +.

Lien 48

Lien Claims Debt Florida 48

Levelset

AUGUST 25, 2022

Texas lien law: ‘Retainage’ or ‘reserved funds’? In 2021, Texas enacted some sweeping changes to the mechanics lien process effective on projects where the original contract was entered into on or after January 1, 2022. Making a claim against unpaid retainage/reserved funds.

Texas 52

Texas Lien Claims Contract 52

Levelset

JUNE 13, 2022

In the State of New York, contractors working on certain residential projects need to have a good understanding of the NY Home Improvement Contracts Act. Here’s what NY residential contractors must include (and what can’t be included) in a New York home improvement contract. These requirements can be found under NY Gen.

New York 52

New York Contract Residential Contractors 52

NH Construction Law

OCTOBER 7, 2018

He sues the owner for his unpaid contract balance. His contract provides for interest and attorneys’ fees if payment is not timely made, so he adds both to his complaint. If the owner then files an objection to the lien and asks for a hearing, what will be grounds for the judge to reduce or eliminate the lien?

Lien 40

Lien Claims Contract New Hampshire 40

NH Construction Law

FEBRUARY 29, 2020

The requirement in RSA 447:9 that a mechanic’s lien must be secured within 120 days of the lienor’s last furnishing of labor or materials has occasionally spawned disputes over what counts as that last day. ’ Work of that nature could be found not to be such as to extend the duration of plaintiff’s lien.”

Lien 40

Lien Contract New Hampshire Materials 40

Fieldwire

AUGUST 14, 2023

It’s fairly common, especially on commercial and public construction projects, and typically ranges from 5 - 10% of the total contract price. So on a $100,000 contract with 10% retainage, the contractor doesn’t have to fork over ten grand at the beginning. Instead, the contractor will deduct the retainage from each payment application.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Levelset

JUNE 16, 2022

When payment problems come up, contractors on public projects can’t turn to the mechanics lien for the solution — both the federal and state governments prohibit private companies from gaining interest in public property. New Jersey bond claim laws & liens on contract funds. Preliminary notice requirements.

New Jersey 52

New Jersey Lien Claims Contract 52

Construction Law Monitor

MAY 3, 2013

True: deadlines dictate when it comes to securing your lien rights. In the construction world, there is no doubt that the deadlines for securing your lien rights are rigid and unforgiving. If you have not filed your lien by the applicable date, you have relinquished that right permanently. The “Back Door Lien”.

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Lien Contract Louisiana Accounting 64

Construction Dive

NOVEMBER 12, 2014

By Bruce Jervis A mechanic’s lien is a contractor’s best form of payment security on a private construction project. State lien statutes specify the timely steps a contractor must take, from notice to filing to foreclosure. The increase reflected work performed, but not yet billed, prior to recording the lien.

Lien 48

Lien Contract Claims California 48

Construction Dive

OCTOBER 22, 2014

By Bruce Jervis Mechanic’s liens usually provide contractors and subcontractors with their most effective form of payment security on private construction projects. But, contracts sometimes call for constructors to waive or limit their lien rights before they have even performed the work. Are they conscionable?

Lien 53

Lien Claims Security Contract 53

Levelset

MAY 11, 2022

New York State has announced a major project in the state’s buildup of its infrastructure, with billions in contracts available for contractors in state-wide projects — an early return on the US government’s renewed interest in infrastructure spending. New York bond claims. Payment protection on New York public projects.

New York 52

New York Claims New York City Lien 52

Construction Marketing

JULY 11, 2022

If you learn that you need to purchase a surety bond to work as a contractor or to enter into a contract to perform work on a project, here is some information you should know about surety bonds and how they work for contractors. The second category of bonds you will likely encounter as a contractor is contract bonds. Bond Types.

Contractors 156

Contractors Legal Bidding Contract 156

Levelset

JUNE 3, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as both the federal and state governments explicitly prohibit private entities from claiming an interest in public property. Washington State bond claim laws. Download a Washington State Notice to Contractor form.

Washington 52

Washington Claims Lien Contract 52

Levelset

JUNE 27, 2022

Securing mechanics lien rights isn’t just as simple as filing a document — it’s a process. Illinois in particular handles the amounts a subcontractor can file a lien for very differently than most other states. Each state has varying degrees of rules and requirements that must be met.

Illinois 52

Illinois Lien Claims Contractors 52

Construction Law Monitor

APRIL 5, 2012

Attention all home owners or property owners, there is only one surefire way to have that annoying illegal lien (in Louisiana called a statement of claim and privilege ) removed from the title of your property, a Mandamus action. is the origin of the rules which govern construction liens for private projects in this state.

Lien 58

Lien Louisiana Claims Construction 58

Construction Marketing Ideas

FEBRUARY 13, 2016

The Cobb Law Group’s Georgia Construction, Bond and Lien Law Blo g provides practical information for contractors doing business in Georgia. The Cobb Law Group’s Georgia Construction, Bond & Lien Law Blog clearly states its focus in its title. Fix Your Customer Contracts! Negotiate/Review Your Contracts.

Georgia 48

Georgia Lien Contract Documentation 48

Levelset

MARCH 21, 2022

However, if the insurance company doesn’t pay, denies the claim, or adjusts it down, then the property owner is responsible for paying for the restoration work. This should be clearly stated in your contract. Be sure to go over payment terms with them when discussing the contract, so they can plan ahead. Learn more.

Cash Flow 98

Cash Flow Insurance Lien Management 98

Best Practices Construction Law

MARCH 20, 2018

There, the out-of-state contractor entered into the construction contract on December 26, 2011, but did not get its contractor’s license until February 5, 2012. The contractor later filed a lien for approximately $200,000. The trial court awarded the contractor its claim for damages, and the owner appealed.

North Dakota 75

North Dakota Contractors Lien Claims 75

Federal Construction Contracting Blog

MAY 9, 2022

On a private project, a subcontractor may file a mechanic’s lien to secure its right to payment. However, when the owner is the federal government, a subcontractor has no lien rights. Instead, the subcontractor must pursue its claims via the Miller Act. However, the right to make such a claim does not last forever.

Claims 52

Claims Contract Lien Materials 52

Construction Dive

FEBRUARY 13, 2013

By Bruce Jervis It is standard for construction contracts to require that each payment application include affidavits and lien waivers. But it would be a mistake to assume the requirement is mere “boilerplate” of little concern. A recent case out of Mississippi is an example.

Lien 48

Lien Subcontracting Mississippi Claims 48

Construction Dive

JULY 23, 2015

Laborers, living paycheck to paycheck, are granted priority claims to the contract proceeds. Mechanic’s liens, while primarily utilized today by corporate constructors, were originally designed to provide payment security to individual tradesmen.

Claims 48

Claims Lien Union Security 48

Levelset

APRIL 15, 2022

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. AOBs take the homeowner out of the claims equation. Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 52

Levelset

OCTOBER 19, 2022

The answer for contractors, however, is straightforward: Don’t finalize a construction contract unless the construction-to-permanent loan allows for unforeseen expenses. Preventing time-consuming litigation over the construction contract with the help of these pre-checks can ultimately save you both money and time. Learn more.

Contractors 98

Contractors Lien Finance Construction 98

Construction Law Monitor

OCTOBER 9, 2013

As most people in that situation are aware, the Private Works Act (should that be the applicable act) provides very specific instructions for preserving your claims and privileges in this situation. In common terms, the PWA allows you to lien property in order to secure your right to payment. What is a Notice of Contract?

Contract 51

Contract Lien Louisiana Contractors 51

Building Radar

SEPTEMBER 9, 2024

What is a ‘Lump Sum Contract’? A lump sum contract is a fixed-price agreement in which the contractor agrees to complete the project for a set price, regardless of actual costs. This contract type provides cost certainty for clients and is commonly used in projects where the scope is well-defined.

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Drawings Construction Lien Contract 52

Construction Law Monitor

APRIL 17, 2012

Here at Wolfe Law Group , I have been blogging a lot lately on liens for both public and private projects ( See other posts here ). Since the state owns the land, there are no security devices , such as a lien that can attach to the land and call for its foreclosure in the event of default or non-payment. 38:2241 et seq. ).

Lien 56

Lien Claims Louisiana Security 56

Construction Law Monitor

JULY 19, 2011

A quick word from the construction law case files: The Court of Appeals, Division 1, out in Washington state, has refused to deem a construction lien as frivolous based upon the complexity of the construction contract at dispute. Issues of substance of the lien (i.e. The court in SD Deacon Corp. of Washington v. Gaston Bros.

Lien 40

Lien Washington Contractors Claims 40

Building Radar

JULY 30, 2024

In practical terms, substantial completion means that the project meets the essential requirements set forth in the contract, allowing the owner to take possession and use the space. Mechanics Lien or Bond Claims: The contractor’s deadline to file a mechanics lien or bond claim is also influenced by the date of substantial completion.

Legal 52

Legal Construction Lien Liability 52

Construction Law Monitor

OCTOBER 15, 2013

At the start of every construction project you sign a stack of papers that will dictate your success or failure on the project: the construction contract. The contract may be short and sweet, or it may be a mountain of paperwork that not only includes its own provisions but also cites provisions in other paperwork stacks.

Contract 82

Contract Lien Construction Documentation 82

NH Construction Law

FEBRUARY 25, 2023

Owner/borrowers like it as well; preventing the contractor from getting ahead of them in payments incentivizes proper contract performance, and a set of professional eyes to determine whether the contractor’s draw requests are justified is a welcome feature. Nor does a negligence claim against the inspector appear promising.

Banking 40

Banking Inspections Construction Lien 40

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Green Building Law Update

JULY 19, 2015

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.

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Green Maryland Lien Certification 120