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

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. ” La.

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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.

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North Carolina Lien Agreement Claims 62

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. Rules & requirements for a homestead lien.

Lien 52

Lien Texas Residential Claims 52

Construction Law Monitor

MAY 17, 2012

Over the past few years the California Legislature has been tinkering with its construction lien laws, both public an private. Mark Budwig of Government Contracts Advisor posted these in his March 2, 2012 post. There have been numerous write-ups with commentators chiming in on whether the changes are a good thing or a bad thing.

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Lien California Deals Documentation 65

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

Lets Build

APRIL 6, 2022

For example, a $50,000 contract with 5% retainage doesn’t mean you’re out $2,500 from the onset of your project; you’ll deduct the retainage from each milestone payment. So if that same contract gets paid over five payments, $500 would be held in retainage each time. Retainage and mechanic’s liens.

Cash Flow 147

Cash Flow Lien Construction Negotiation 147

Levelset

OCTOBER 31, 2024

One of the most effective ways to secure that payment is by filing a construction lien. Filing a proper lien claim requires accurate information. According to the contract, Marjam delivered materials and equipment to the vacant lot, which were subsequently used in project construction across the street.

Lien 52

Lien New Jersey Legal Residential 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?

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Lien Claims Security Contract 52

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. Preconstruction liens v.

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Lien Utah Claims Security 52

BD+C

DECEMBER 7, 2012

On private construction projects, contractors ordinarily have the right to file a mechanic's or materialman’s lien under applicable state law to collect unpaid sums due on a construction contract. However, on July 11, the Georgia Court of Appeals ruled in 182 Tenth, LLC v. read more.

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Lien Georgia Contractors Contract 53

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

Wolgast Corporation

NOVEMBER 28, 2022

Liens Can Wreak Havoc on Funding. On top of that, that they expect you, the owner, to guarantee to the Bank and the Title Company that the project will be lien-free during construction. The lien laws protect people that supply the resources to build a building. By Brian Stadler, Wolgast President & CEO. Why should you care?

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Lien Risk Contractors Banking 114

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 Law Monitor

OCTOBER 9, 2013

In common terms, the PWA allows you to lien property in order to secure your right to payment. The subject discussed here is one such limitation: the requirement of filing a notice of contract for certain projects. What is a Notice of Contract? In those two scenarios, the notice of contract will be deemed improperly filed.

Contract 51

Contract Lien Louisiana Contractors 51

Green Building Law Update

MAY 21, 2017

But contract forms for the sale and purchase of a house are often provided by a local board of realtors and today those forms do not adequately address the new and only now evolving issues arising from a sale with rooftop solar panels. That fixture filing is in most states a lien or encumbrance against the system.

Housing 232

Housing Leases Agreement Residential 232

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

Contractor Bookkeeping

OCTOBER 16, 2020

Proactive versus reactive are the two methods of getting something done. I find everyone works in a combination of both, I included. Proactive is scheduling and doing everything ahead of time. Nothing is ever waiting until the last minute. Reactive is more emergency driven and are things that need to be done now.

Cash Flow 98

Cash Flow Lien Contractors Schedule 98

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

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. ).

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Lien Claims Louisiana Security 56

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

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Lien Claims Debt Florida 48

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. A recent case out of Mississippi is an example.

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Lien Subcontracting Mississippi Claims 48

Constructlaw

APRIL 11, 2023

Dewberry) contracted with the New York City Economic Development Corporations’ Build-It- Back Hurricane Sandy Program to inspect homes for structural, asbestos, and lead paint issues. Entech sued to recover damages based on three unpaid invoices, including a cause of action for foreclosure on a public improvement lien.

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Lien Subcontracting New York Inspections 52

Green Building Law Update

AUGUST 16, 2020

Today, the contracts for the sale and purchase of a house are often provided through a multiple listing service usually by a local board of realtors and most of the forms in common use do not adequately address the admittedly new and only now evolving issues arising from a sale with rooftop solar panels.

Housing 207

Housing Leases Residential Agreement 207

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.

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. 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

Best Practices Construction Law

SEPTEMBER 26, 2019

Well, the Court of Civil Appeals of Oklahoma recently held that “furnishing labor is not the same as performing labor” for purposes of filing a mechanic’s lien. The temporary staffing company then executed and filed a materialmen’s lien. The contract does not refer to a particular project.

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Lien Contract Accounting Commercial 48

HardHatChat

FEBRUARY 9, 2010

Can you use the existing subcontractors within the balance of their contract value or do you need to rebid the entire project? By using the existing subcontractors instead of hiring someone new, you can resolve or avoid a mechanics lien as you’ll be adhering to the original subcontractor contract.

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Commercial Construction Lien Deals 168

Construction Junkie

APRIL 21, 2021

In a recent post from The Lien Zone, a great source for construction law related advice, Patrick Barthet offers some steps to take before calling it quits. First and foremost, you need to read and understand what the termination requirements are in your contract and provide the necessary notice.

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Lien Zoning Legal Contract 99

Fieldwire

SEPTEMBER 5, 2023

The construction contract will typically define the process for submitting a pay app, the documents to include, and the deadline for submission. Change orders : A change order is a written agreement between the owner or architect and the contractor that changes the contract amount, work requirements, and/or schedule.

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Lien AIA Documentation Change Orders 98

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. Issues of substance of the lien (i.e. of Washington v.

Lien 40

Lien Washington Contractors Claims 40

HardHatChat

MAY 18, 2010

After all, the subs aren’t under contract with the client, they’re under contract with the GC. However, any of the following could still happen during the change order process: The client refuses to pay the subcontractor in full, so the sub puts a lien on the project. The payment dispute goes to court.

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Change Orders Commercial Construction Bidding 174

Construction Law Monitor

OCTOBER 26, 2010

2) Did you or do you contract directly with the property owner on any construction project(s)? 3) Is the residential project’s contract more than $1,000.00, or commercial project’s contract less than $60,000.00? Ask yourself these three questions: 1) Are you a contractor of any sort?

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Lien Washington Modeling Contract 44

Construction Law Monitor

NOVEMBER 2, 2011

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. Prime/Subcontractors Contracts.

Contract 56

Contract Change Orders Lien Contractors 56

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?

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Lien Claims Contract New Hampshire 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. Fix Your Customer Contracts! Negotiate/Review Your Contracts.

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Georgia Lien Contract Documentation 48

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