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.

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Green Maryland Lien Certification 120

Construction Marketing

JULY 11, 2022

The indemnity agreement provides that the principal will hold the surety harmless if a claim is filed against the bond. If a bond claim is filed because of your legal or ethical violations, you will be liable for paying the surety up to the maximum bond amount. Your company’s available working capital.

Contractors 156

Contractors Legal Bidding Contract 156

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. Protect your lien rights. The right to file a mechanics lien is the most powerful tool in your toolbelt. A mechanics lien allows you to guarantee payment from the owner.

Cash Flow 98

Cash Flow Insurance Lien Management 98

Construction Lawyer

APRIL 20, 2009

In other words, you use the stuff we post here at your own risk. « Economic Loss Doctrine bars Nevada claims against Architect | Main. | » April 20, 2009. Idle Equipment not entitled to Lien in Missouri. April 20, 2009 in litigation , mechanics liens | Permalink. mechanics liens. Concord , 269 S.W.3d

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Lien Missouri Equipment Illinois 40

Construction Lawyer

MAY 21, 2009

In other words, you use the stuff we post here at your own risk. Subcontractors Mechanics lien allowed where bank seized generals funds. 107108 (May 21, 2009), has ruled in favor of the subcontractor in enforcing a mechanics lien. Funds subject to a lien waiver are required to be held by the owner in trust for the subcontractor.

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Lien Illinois AIA Chicago 40

Fieldwire

AUGUST 14, 2023

The practice dates back to the 1840s, dreamed up as a measure to reduce the owner’s risk and ensure that the project is fully completed according to the job specifications. Retainage does not extend the mechanics lien deadline A mechanics lien is perhaps the most powerful tool that contractors have to force payment.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

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.

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Illinois Lien Claims Contractors 52

Construction Dive

SEPTEMBER 3, 2015

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. By Bruce Jervis Prime contractors have cause for concern that their subcontractors are paying lower-tier subcontractors and suppliers.

Contractors 48

Contractors Lien Claims Regulation 48

Construction Lawyer

APRIL 19, 2009

In other words, you use the stuff we post here at your own risk. Idle Equipment not entitled to Lien in Missouri » April 19, 2009. Economic Loss Doctrine bars Nevada claims against Architect. Listed below are links to weblogs that reference Economic Loss Doctrine bars Nevada claims against Architect : Recent Posts.

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Nevada Claims Illinois AIA 40

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.

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Insurance Contractors Lien Claims 52

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 Claims Lien Negotiation 54

Construction Lawyer

AUGUST 30, 2007

In other words, you use the stuff we post here at your own risk. False Claims lands Engineer in jail. Listed below are links to weblogs that reference False Claims lands Engineer in jail : Recent Posts. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. In United States v.

Claims 40

Claims Engineering Illinois AIA 40

Construction Lawyer

APRIL 3, 2012

In other words, you use the stuff we post here at your own risk. Federal Court dismisses subs claim against GC because of arbitration provision. Because LaSalle was not in privity of contract with USACE, LaSalle needed VETS to sponsor its claim against them. If the net recovery on the claims were to exceed $4.3

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Law Monitor

AUGUST 9, 2011

The Sloan court defines a liquidating agreement clause as a “process by which a general contractor may assert the claims of its subcontractors against the owner.” A liquidating agreement clause can act like a lien, in that it gives causes of action to the subcontractor against the owner where there is no privy of contract.

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Agreement Contract Insurance Construction 57

Levelset

SEPTEMBER 23, 2022

General contractors know these risks when they take the role. However, the types of policies and their limits (the maximum amount claims can pay out) are limited. However, with the amount of risk involved in a standard construction project, general contractors typically need to hold multiple policies. Builder’s risk insurance.

Insurance 52

Insurance Liability Accidents Risk 52

Levelset

APRIL 28, 2022

While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC. In addition, SubGuard does not provide protection against mechanics liens from unpaid second-tier subs and suppliers. The insurance company reimburses ABC Builders for the claim amount.

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Insurance Contractors Claims ABC 52

Construction Lawyer

OCTOBER 6, 2012

In other words, you use the stuff we post here at your own risk. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. Jurado , which involved competing lien claims.    The defendant, RBM Development, held a mechanics lien on the subject property. 

Illinois 40

Illinois Lien Banking AIA 40

Help Everybody Everyday

MARCH 6, 2009

. “No damages for delay” clauses that remove your ability to claim actual damages for delay beyond your control and imposed by an upstream party. Language that puts artificial limits on your ability to make a claim, including allowing the upstream party or its agent to be the judge of your claim’s validity.

Contract 48

Contract Claims Legal Lien 48

Construction Law Monitor

JUNE 17, 2014

Recently, these same contractors have been taking on the risk for the reward of more work. In many instances in Louisiana and other states, material suppliers must send notice to the owner, general contractor and the party who hired them in order to preserve some type of lien or bond claim right if not timely paid.

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Louisiana Materials Contract Lien 58

Construction Lawyer

APRIL 30, 2012

In other words, you use the stuff we post here at your own risk. New York court holds that contractor installing cogeneration system not entitled to a mechanics lien. A New York court has held that a subcontractor who furnished labor and materials for a cogeneration system was not entitled to a mechanics lien. mechanics liens.

New York 40

New York Lien Contractors Illinois 40

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. Knowing what to expect from insurers gives you some leverage as a contractor, and can help you protect your business against financial risk on restoration projects.

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. Knowing what to expect from insurers gives you some leverage as a contractor, and can help you protect your business against financial risk on restoration projects. .

Insurance 52

Insurance Claims Agreement Lien 52

Construction Lawyer

MARCH 27, 2012

In other words, you use the stuff we post here at your own risk. After leaving the firm, he sued, claiming that the firm had failed to pay him for overtime work in violation of the Fair Labor Standards Act of 1938 ("FLSA"). ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens.

Architecture 58

Architecture Illinois AIA Chicago 58

NH Construction Law

APRIL 26, 2018

Sometimes this unanticipated time/space compression is the owner’s fault, in which case the general contractor/construction manager and its subcontractors will likely be entitled to increased compensation by change order or otherwise -- and to a mechanic’s lien if that increase is not paid. But how is that sum calculated?

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Lien Compensation Change Orders Subcontracting 40

Best Practices Construction Law

NOVEMBER 21, 2019

As you may be aware, one of the greatest risks on a construction project involves the payment process. Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement.

Contract 77

Contract Subcontracting Drafting Virginia 77

Contractor Bookkeeping

JUNE 15, 2012

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. That Is Not What Happens This Is What Usually Happens: Poorly defined scopes of work create claims and disputes.

Contractors 48

Contractors Insurance Claims Lien 48

Levelset

AUGUST 16, 2022

However, larger projects come with greater risks and additional challenges. Large, multi-year projects are also more likely to face risks from potential economic changes, supply chain issues, and other unforeseen pressures that can threaten them. GCs can also purchase subcontractor default insurance to reduce this risk.

Risk 52

Risk Cash Flow Construction Banking 52

Construction Law Monitor

NOVEMBER 2, 2011

Very important risk-shifiting devices – can determine a win or loss regarding a claim. Lien Waivers. Define extra – item of work beyond the original scope of work that is added during construction; MAKE SURE change orders and/or extras are in writing; 4. Notice Provisions. Indemnity Clauses.

Contract 56

Contract Change Orders Lien Contractors 56

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. In Coachman Estates of Barrington, LLC v.

Banking 40

Banking Inspections Construction Lien 40

Levelset

MAY 2, 2022

Levelset’s Contractor Profiles provide information on a contractor’s payment history, lien claims, and reviews from other contractors and suppliers. Another option is to give the vendor a copy of your lien policy , which shows what actions you will take to collect payments from your customers. Get more trade preferences.

Negotiation 52

Negotiation Materials Cash Flow Finance 52

NH Construction Law

MAY 28, 2018

Finally, the general should insist -- even if the owner doesn’t -- on sworn lien waivers with each progress payment to the sub, verifying that the sub has paid for all labor and materials on the project with the last progress payment and will do so out of the present progress payment. If the sub falsely swears (it happens!),

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. That Is Not What Happens This Is What Usually Happens: Poorly defined scopes of work create claims and disputes.

Insurance 48

Insurance Construction Claims Accounting 48

Construction Lawyer

MAY 1, 2012

In other words, you use the stuff we post here at your own risk. « New York court holds that contractor installing cogeneration system not entitled to a mechanics lien | Main. apply to any claim that is directed to arbitration by the court. The laws of each state are different and each situation is unique.

Florida 40

Florida Illinois Claims AIA 40

Building Radar

SEPTEMBER 9, 2024

This integrated approach reduces the risks associated with design and construction conflicts since one team is responsible for both aspects of the project. What is a ‘Mechanic’s Lien’? This lien gives them a right to seek payment through the sale of the property.

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Drawings Construction Lien Contract 52

Construction Marketing Ideas

MARCH 16, 2016

This cascade of events led to non payments, and both the steel sub and the HVAC sub filed mechanic’s liens against the project. There are many pieces of documentation that support the drawings and each of those pieces come with their own risks–chief among them being time. DRAWINGS DON’T EXIST WITHIN A VACUUM.

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ProCore News Drawings Documentation 48

Construction Marketing Ideas

JUNE 4, 2015

I cannot say for sure, but it seems the company — which claims it used its own labour rather than sub-contractors to handle its work — ran into some rather serious problems, perhaps by underbidding work, or through a job (or jobs) that went south. What went wrong here? There are serious marketing/branding challenges here.

Renovating 48

Renovating Lien Contractors Claims 48

Levelset

APRIL 1, 2022

Luckily, there are insurance policies that will replace the cost of the stolen goods, such as builders risk insurance. Insurance claims. Filing insurance claims for a construction site theft can increase the contractor’s premium, meaning they’ll have to pay more for coverage moving forward. Impact of construction site theft.

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Site Cash Flow Insurance Construction 52