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?

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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.

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Lien Tennessee Banking Agreement 59

Green Building Law Update

JULY 24, 2016

The concept is not new, but nationally, residential PACE programs generally have been put on hold or foregone as a result of concerns of HUD and the Federal Home Loan Banks, that issued a directive in February 2011 to refrain from purchasing mortgage loans secured by properties with outstanding first lien PACE obligations.

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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.

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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.

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Lien Contract Claims California 48

Federal Construction Contracting Blog

APRIL 9, 2024

In this blog post, we will explore the intricate relationship between these two legal realms by diving into a primer on maritime liens. As you navigate these intertwined industries, understanding the nuances of maritime law, particularly maritime liens, becomes critical.

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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.

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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.

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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.

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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. As an alternative to surety bonds, some licensing agencies allow contractors to put up the entire bond amount as security. The bonding process for getting a surety bond involves the following six steps: 1.

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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.

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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. ;

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NH Construction Law

OCTOBER 7, 2018

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. The lien is a matter of right so long as it is timely and properly perfected. D ’ Amour , No.

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Construction Dive

APRIL 2, 2014

By Bruce Jervis On a private construction project, the most valuable asset available to secure the project owner’s obligations is usually the property under development. The property secures the construction loan that finances the project. With mechanic’s liens, however, it is not so simple.

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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.”

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Construction Dive

JUNE 11, 2014

Payment security may exist in the form of public works payment bonds or private materialman’s liens, but there is a problem. In order to file a bond or lien claim, the seller must know the project into which the goods were incorporated. These payment remedies are not general.

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Construction Law Monitor

MAY 14, 2013

There are currently three bills in various stages of the legislative process that would significantly change how different parties secure their rights to payment. This statute outlines which parties are entitled to assert claims for payment against an owner and a contractor. Proposed Changes to the Private Works Act.

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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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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. The main changes came in the form of simplified notice procedures and lien filing deadlines.

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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. Instead, general contractors on public construction projects have to secure a payment bond prior to the start of work.

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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.

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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. New York City has additional rules for payment protection as well. Matt Viator.

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Construction Law Monitor

FEBRUARY 21, 2014

A common example that we blog about here is the, Statement of Claim and Privilege , a Louisiana lien. It is also found in the Louisiana Civil Code under the section Lessors Security Rights, La C.C. Most writs of sequestration require some type of security deposit, but the lessor’s privilege is exempt from this requirement.

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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?

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Contract Lien Louisiana Contractors 51

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.

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Construction Marketing Ideas

MARCH 12, 2016

Having a track record for operating safe jobsites makes your company more attractive to the best owners, keeps your workers’ compensation mod rate in-check, and decreases the chances you’ll be spending time & money this year defending against claims. Secure your payment rights. Construction attorneys do more than resolve claims.

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Construction Law Monitor

NOVEMBER 6, 2015

In the construction industry, we speak a lot about the filing of a mechanic’s lien. Similarly, the payment bond requirement helps mitigate some of a subcontractor’s and/or material supplier’s potential reluctance to work on such projects in light of sovereign immunity preventing one from filing a mechanic’s lien against the government.

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Building Radar

JULY 30, 2024

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. This early insight allows teams to prepare and secure high-margin projects efficiently. This includes both final payments and any remaining retainage.

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Construction Lawyer

JANUARY 8, 2013

One year later, Jackman filed a claim against the Town, seeking various damages and filed a complaint. The Town responded by filing a motion for summary judgment arguing that Jackman waived all claims agaisnt the Town by accepting "final payment," along with other arguments. The court granted the Town's motion. .

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NH Construction Law

FEBRUARY 25, 2023

Banks insist on this as a way to ensure that the mortgages securing their construction loans are supported by enough value on the ground to collateralize repayment. 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?

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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.

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Contractors Insurance Claims Lien 48

Best Practices Construction Law

JANUARY 16, 2015

527 (1948), the Court of Claims considered a specification which provided that site “entrance for trucks shall be at South gate of reservation, over Walker Avenue, Highwood, Illinois, via Patten Road to site.” Here are two few cases addressing the situation: In Gerhardt F. Re Commercial Contractors Equipment, Inc.

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Levelset

APRIL 1, 2022

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. There are times when an insurance claim makes sense, such as when expensive or leased items roll off the construction site. Secure the site.

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Construction Marketing Ideas

JUNE 6, 2015

Most likely, if you’ve been following the news at all, you have heard of various scandals and muck-ups, including long-undiscovered sexual abuse by political leaders, allegations of bribery in international soccer, and (for Canadians), abuse of expense account claims by senators.

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Lien Security Organization Claims 48

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.

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Insurance Construction Claims Accounting 48

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.

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Drawings Construction Lien Contract 52

Contractor Bookkeeping

JANUARY 2, 2015

Get Organized - We strongly recommend a Subchapter S-Corp 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.

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Construction Insurance Accounting Claims 48