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NY Appellate Court Enforces Pay-If-Paid Provision Against Party With No Lien Rights

Constructlaw

The subcontract contained a pay-if-paid clause that made the city’s payment to Dewberry a condition precedent to Dewberry’s obligation to pay Entech. Entech sued to recover damages based on three unpaid invoices, including a cause of action for foreclosure on a public improvement lien. Here, Entech had no lien law rights.

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Buyer Beware: Five Commercial Construction Questions to Ask Before Purchasing a Distressed Note

HardHatChat

But before you take on the role of receiver, here are five questions you must address with your general commercial construction contractor before assuming receivership of a distressed property. Bottom line, make sure you’re working with a reputable commercial general contractor who has experience with distressed property projects.

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Restoration: How to Manage Cash Flow While Waiting for an Insurance Check

Levelset

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.

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Mayer Building Company for Subcontractors: Payment Guide & Resources

Levelset

Mayer Building Company is a New Orleans-based general contractor that specializes in commercial construction and historic renovations. You’ll generally want to prequalify new general contractors before establishing a working relationship. Read a sample subcontract. Mayer Building Company overview. Evaluate credit history.

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#123:  Bonding Around a Mechanic's Lien

NH Construction Law

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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No-Damage-For-Delay Provisions and Lien Waivers Remain Enforceable — and Valuable — in New York

Constructlaw

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.,

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#134:  30-Day Accountings for Subcontractor/Supplier Mechanic’s Liens

NH Construction Law

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. Danley , 161 N.H. 19, 23 (2010). Bostwick , 69 N.H. It is the claimant who must be proactive here.

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