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. Mass) (Dec.

Lien 71

Lien Claims Massachusetts Contract 71

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

Construction Dive

MAY 28, 2014

By Bruce Jervis Most state mechanic’s lien statutes provide that if a lien claimant willfully exaggerates the amount of its claim, the lien may be declared null and void. Mechanic’s liens provide lien claimants with tremendous leverage against project owners.

Lien 52

Lien Claims Subcontracting Legal 52

Construction Marketing

JULY 11, 2022

Surety bonds are financial guarantees that are issued to ensure the individual or company who obtains the bond will perform work in a legally compliant manner and will avoid fraud and misconduct. Surety – The bonding company that guarantees the principal’s ethical operations and legal compliance by issuing the bond.

Contractors 156

Contractors Legal Bidding Contract 156

Best Practices Construction Law

SEPTEMBER 13, 2018

The new statute, signed into in May 2018, immediately created a cause of action providing for remedies for the successful challenge of the validity of a lien against a property. 4) Any actual damages incurred by the owner. 4) Any actual damages incurred by the owner.

Lien 59

Lien Tennessee Banking Agreement 59

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

Building Radar

JULY 30, 2024

In the construction industry, the term “substantial completion” plays a crucial role in defining when a project is considered complete from a legal and practical standpoint. It often triggers various contractual and legal obligations, such as final payments and the start of warranties.

Legal 52

Legal Construction Lien Liability 52

Levelset

MAY 11, 2022

Generally, companies aren’t able to file mechanics liens on public projects unlike with private projects, as the federal government — and many states — prohibit private entities from claiming an interest in public property. New York bond claims. Payment protection on New York public projects. times the amount owed. Matt Viator.

New York 52

New York Claims New York City Lien 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

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

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

Fieldwire

AUGUST 14, 2023

Retainage does not extend the mechanics lien deadline A mechanics lien is perhaps the most powerful tool that contractors have to force payment. Mechanics lien laws have specific deadlines that contractors must follow. If they let the filing deadline lapse without filing a lien claim, lien rights may be lost forever.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

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

Federal Construction Contracting Blog

MAY 9, 2022

Even worse, if a subcontractor fails to take prompt legal action, it can lose access to one of the most effective ways to recover the amounts due. 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.

Claims 52

Claims Contract Lien Materials 52

Green Building Law Update

DECEMBER 5, 2021

In the Old Testament when Isaac attempts to dig anew his father’s wells the shepherds of the wadi Gerar, claim, “the water is ours” forcing the patriarch to move on to dig a well elsewhere. Supreme Court squarely rejected Mississippi’s claim that Tennessee’s wells are stealing Mississippi’s ground water. Just last week a unanimous U.S.

Mississippi 156

Mississippi New York New York City Memphis 156

Levelset

JUNE 13, 2022

Any mechanics lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing a mechanic’s lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a mechanics lien. On-demand legal help you can afford.

New York 52

New York Contract Residential Contractors 52

Best Practices Construction Law

MARCH 20, 2018

The contractor later filed a lien for approximately $200,000. The trial court awarded the contractor its claim for damages, and the owner appealed. While the contractor was unable to pass “Go” to immediately collect its $200,000, its claims were not totally lost.

North Dakota 75

North Dakota Contractors Lien Claims 75

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

NH Construction Law

FEBRUARY 25, 2023

If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? Nor does a negligence claim against the inspector appear promising. That puts the owner/borrower in a pickle. Don’t count on it. REI Service Corporation , No.

Banking 40

Banking Inspections Construction Lien 40

Levelset

APRIL 28, 2022

In addition, SubGuard does not provide protection against mechanics liens from unpaid second-tier subs and suppliers. If a subcontractor defaults on a project, the general contractor can make a claim with the insurance company to cover costs above their deductible and any loss reserve requirements. On-demand legal help you can afford.

Insurance 52

Insurance Contractors Claims ABC 52

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 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. Despite that relatively simple procedural history, much has been written about the case, largely overstating an allegation in the counterclaim that claimed, “10. And now you know the rest of the story.

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. And now you know the rest of the story.

Green 120

Green Maryland Lien Certification 120

Levelset

MARCH 31, 2022

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. In general, there are four parties involved in a restoration project: Property owner Insurance company Claims adjuster Contractor. Be clear about rights & responsibilities.

Insurance 93

Insurance Deals Contractors Claims 93

Construction Lawyer

APRIL 20, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Idle Equipment not entitled to Lien in Missouri. 3d 489 (Mo.App.

Lien 40

Lien Missouri Equipment Illinois 40

Levelset

MAY 17, 2022

Public projects often have complex payment chains, bond requirements, legal challenges, and government funding. If late payments are a persistent problem, understanding and filing mechanics liens — or bond claims for public projects—can positively affect cash flow. Protect & speed up every payment. Learn more.

Cash Flow 98

Cash Flow Construction Lien Contractors 98

Best Practices Construction Law

NOVEMBER 6, 2019

When the subcontractor was delayed, it submitted claim for $42,00 for the 21 days of delay damages. In the same letter as its refusal, the contractor said it would release the retainage payment “which was pending receipt of a Waiver of Lien. By letter to the subcontractor, the contractor refused to pay the additional monies.

Vermont 54

Vermont Lien Claims Negotiation 54

Construction Lawyer

MAY 21, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Subcontractors Mechanics lien allowed where bank seized generals funds.

Lien 40

Lien Illinois AIA Chicago 40

Building Radar

SEPTEMBER 9, 2024

What is a ‘Mechanic’s Lien’? A mechanic’s lien is a legal claim that contractors, subcontractors, or suppliers can place on a property if they are not paid for their work or materials. This lien gives them a right to seek payment through the sale of the property.

Drawings 52

Drawings Construction Lien Contract 52

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

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

Claims 40

Claims Agreement Illinois Subcontracting 40

Levelset

SEPTEMBER 23, 2022

However, the types of policies and their limits (the maximum amount claims can pay out) are limited. A general liability insurance policy protects the policyholder from claims of property damage or bodily injury caused by the contractor or its employees. This policy may also cover legal fees involved in certain types of lawsuits.

Insurance 52

Insurance Liability Accidents Risk 52

Construction Law Monitor

MAY 14, 2013

If there is any one constant in the legal profession, it is that the law is an ever-evolving, static thing. This statute outlines which parties are entitled to assert claims for payment against an owner and a contractor. House Bill 362, however, would extend the time requirements for parties to file their claims by double.

Louisiana 60

Louisiana Lien Claims Construction 60

Construction Lawyer

APRIL 19, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Idle Equipment not entitled to Lien in Missouri » April 19, 2009.

Nevada 40

Nevada Claims Illinois AIA 40

Construction Lawyer

OCTOBER 6, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

Illinois 40

Illinois Lien Banking AIA 40

Best Practices Construction Law

FEBRUARY 25, 2014

Accordingly, the joint venture could not claim reimbursement under the policies. The Owner and the Contractor alleged numerous claims against each other, ranging from breach of contract, mechanic’s liens, prompt pay act violations, failure to maintain the schedule, construction defects and others. The Insurance Claim.

Insurance 59

Insurance Maryland Claims Construction 59