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. The mechanical subcontractor filed suit against the prime contractor for $2.7m

Compensation 97

Compensation Lien Claims North Carolina 97

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”.

Lien 64

Lien Contract Louisiana Accounting 64

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

Best Practices Construction Law

JUNE 14, 2022

And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to your lien rights. The law, effective March 1, 2022, states that a similar advanced or broad lien waiver as part of a progress payment is also not enforceable.

North Carolina 62

North Carolina Lien Agreement Claims 62

Fieldwire

AUGUST 14, 2023

Construction is one of the hardest industries to manage cash flow in, with contractors often facing large up-front costs and frequent, long delays between expenses and payment. The basics of retainage Retainage, also called retention, is an amount withheld from the contractor until a later date.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Best Practices Construction Law

MARCH 20, 2018

” A contractor in North Dakota wasn’t laughing when it was not allowed to pass “Go” and could not immediately collect its $200,000 for work performed. Dickinson Elks Building, LLC , the court held a contractor was not entitled to recover for labor and materials during a time period when the contractor was unlicensed.

North Dakota 75

North Dakota Contractors Lien Claims 75

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 ). Although, this seems simple, many contractors do not always see the connection. Contractors on these projects need to know the rules so that they can get paid. 38:2241 et seq. ).

Lien 56

Lien Claims Louisiana Security 56

Levelset

MARCH 30, 2022

Mechanics liens are among the most powerful tools for contractors to ensure they get paid what they’ve earned on a construction project. In Texas, contractors must send multiple notices and meet strict deadlines to preserve their right to a lien if they need to file one. General contractor requirements.

Lien 52

Lien Texas Residential Claims 52

Levelset

APRIL 1, 2022

Restoration and remediation contractors provide a unique blend of services. 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. An overview of mechanics lien rights. Lien rights depend on the type of restoration work.

Lien 52

Lien Contractors Inspections Consulting 52

Levelset

OCTOBER 19, 2022

However, before starting work on a building financed with a construction-to-permanent loan, both property owners and contractors need to understand the risks. Contractor risks with a construction-to-permanent loan. These risks should be a non-issue when contractors have a comprehensive risk management plan in place.

Contractors 98

Contractors Lien Finance Construction 98

Levelset

MARCH 24, 2022

Many Utah contractors are familiar with the construction lien process to secure payment for work or materials used in a building project. Utah actually gives them a similar payment tool, known as a preconstruction lien. However, the steps to claim one differ from the standard construction lien process.

Lien 52

Lien Utah Claims Security 52

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

Building Radar

AUGUST 8, 2024

A mechanic’s lien is a legal claim against a property for unpaid work or materials provided during construction or renovation. What is a Mechanic’s Lien? What is a Mechanic’s Lien? If the property owner fails to resolve the lien, the lienholder may seek foreclosure to recover the owed amount.

Lien 52

Lien Legal Security Risk 52

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 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

Construction Law Monitor

OCTOBER 1, 2013

Getting paid in the construction industry is an art, especially for subcontractors and suppliers who must rely on payment to trickle down from the property owner, through the general contractor, and sometimes through even more parties. 1) Dedicate Your Company To Mechanics Lien Compliance. What can you do?

Lien 51

Lien Debt United States Management 51

Constructlaw

FEBRUARY 28, 2024

The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. The trial court sustained the preliminary objections and dismissed the lien. Second, in Belfor Prop. Restoration v.

Lien 52

Lien Pennsylvania Claims Security 52

Levelset

MARCH 21, 2022

Restoration contractors can spend a lot of time waiting for payment. To cover these expenses, restoration contractors need to manage their cash flow to ensure they have enough money in the bank — especially when the insurance company is dragging their feet. Protect your lien rights. Set expectations with your customer.

Cash Flow 98

Cash Flow Insurance Lien Management 98

Levelset

MARCH 31, 2022

As a contractor, you rely on the property owner to pay you for your work and materials. In turn, the owner is relying on the insurance company to pay their claim. Dig deeper: What contractors need to know about the insurance claims process. As a restoration contractor, you work for the property owner.

Insurance 93

Insurance Deals Contractors Claims 93

Help Everybody Everyday

APRIL 29, 2009

2009 is likely to be a year in which many construction liens are filed. These economic times will make mechanic’s liens, bonding and other proactive approaches to collection all the more important. However, you need to be careful in filing your liens, especially in Virginia. Kaled Naser, et. CL07-5431 (Va. Kaled Naser, et.

Lien 48

Lien Virginia Bankruptcy AGC 48

Green Building Law Update

JULY 19, 2015

In January 2007, Southern Builders, the general contractor, commenced a mechanics lien action in the Circuit Court. Despite that relatively simple procedural history, much has been written about the case, largely overstating an allegation in the counterclaim that claimed, “10.

Green 120

Green Maryland Lien Certification 120

Green Building Law Update

JULY 19, 2015

In January 2007, Southern Builders, the general contractor, commenced a mechanics lien action in the Circuit Court. Despite that relatively simple procedural history, much has been written about the case, largely overstating an allegation in the counterclaim that claimed, “10.

Green 120

Green Maryland Lien Certification 120

NH Construction Law

MARCH 28, 2024

It is generally recognized by New Hampshire courts that “[f]ailure to comply with the specific statutory provisions of perfecting a mechanics lien is usually fatal,” Alex Builders & Sons, Inc. 536, 537 (1898), and owners need to know the amount of those claims in order to do so intelligently. Danley , 161 N.H.

Lien 40

Lien Accounting Claims New Hampshire 40

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

NH Construction Law

OCTOBER 7, 2018

A contractor is thrown off a job midstream for alleged shoddy work and/or slow performance. The owner then counterclaims for the cost of correcting items of poor workmanship and for the cost of completing the unfinished work (which the owner claims will exceed the unpaid contract balance), and perhaps for delay damages as well.

Lien 40

Lien Claims Contract New Hampshire 40

Construction Law Monitor

JULY 20, 2011

You are in the business of leasing heavy equipment to contractors. There is likely no answer for you under the lien law – unless you filed a notice of lease agreement with the owner within the appropriate time frame. If the job is private and not public, you must also provide a copy of the lease to the contractor.

Leases 44

Leases Lien Louisiana Equipment 44

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

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. Watch Out for Georgia’s Lien Waivers. Payment Bond Claims.

Georgia 48

Georgia Lien Contract Documentation 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. They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs. Pros & cons for contractors.

Insurance 52

Insurance Contractors Lien Claims 52

Construction Dive

SEPTEMBER 30, 2012

The “total cost method” for quantifying construction claims has long been controversial. In situations where it is allegedly impractical to itemize increased direct costs, a contractor is allowed to total its actual costs, subtract its bid price, and impute the overrun to the project owner.

Claims 48

Claims Lien Bidding Construction 48

Construction Lawyer

MAY 21, 2009

He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. Subcontractors Mechanics lien allowed where bank seized generals funds. LEED project managment software » May 21, 2009.

Lien 40

Lien Illinois AIA Chicago 40

Construction Dive

MAY 14, 2014

By Bruce Jervis “Substantial completion” is one of the more significant milestones in a construction project, affecting the rights and responsibilities of the owner and contractor. The impact may include release of retained contract funds, responsibility for insurance and commencement of statutory claim limitation periods.

Lien 70

Lien Claims Insurance Bidding 70

Construction Lawyer

APRIL 20, 2009

He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. « Economic Loss Doctrine bars Nevada claims against Architect | Main. | » April 20, 2009. mechanics liens.

Lien 40

Lien Missouri Equipment Illinois 40

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. What is an Illinois Contractor’s Sworn Statement?

Illinois 52

Illinois Lien Claims Contractors 52

Construction Dive

SEPTEMBER 3, 2015

By Bruce Jervis Prime contractors have cause for concern that their subcontractors are paying lower-tier subcontractors and suppliers. Unpaid parties at the bottom of the chain can create a multitude of problems, including mechanic’s liens, payment bond claims and risk of double payment by the contractor.

Contractors 48

Contractors Lien Claims Regulation 48

Levelset

AUGUST 25, 2022

Given the slim profit margins on construction projects, retainage practices can be incredibly frustrating for contractors. Texas lien law: ‘Retainage’ or ‘reserved funds’? The main changes came in the form of simplified notice procedures and lien filing deadlines. 53.025 provides some insight.

Texas 52

Texas Lien Claims Contract 52

Levelset

JUNE 16, 2022

A large amount of that funding is going to go directly to individual states, and with the state adopting new laws in 2021 that reconfigure the bidding process — along with adding the “design-build” option to the public construction process — there are plenty of opportunities for contractors across New Jersey.

New Jersey 52

New Jersey Lien Claims Contract 52