Best Practices Construction Law

DECEMBER 18, 2019

certifications and/or lien waivers) to the prime contractors to obtain payment. The court concluded that any false statements about pay apps or lien waivers were not relevant to the claim for fraudulent inducement: This is not enough for [the sub-subcontractor] to state a claim for fraudulent inducement against Defendants.

Lien 71

Lien Claims Massachusetts Contract 71

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

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?

Lien 115

Lien Risk Contractors Banking 115

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. (Is there a difference between Godiva chocolate and Palmer’s?)

Lien 48

Lien Contract Accounting Commercial 48

Construction Law Monitor

MARCH 15, 2012

The Construction Lien Blog (published by me!) yesterday posted a neat infographic focused on the mechanics lien. There are lots of infographics out there, but very few focused on legal issues. The infographic was inspired by awesome infographics used in other industries. Here it is:

Lien 56

Lien Visualization Legal Industrial 56

Construction and Infrastructure Law

AUGUST 29, 2024

Construction contracts in the energy sector involve unique challenges and risks, particularly with respect to bonds and mechanic’s liens. Know Local Mechanic’s Lien Laws: Mechanic’s liens are statutory and vary significantly from state to state. Here are our key takeaways.

Contract 40

Contract Lien AIA Construction 40

Construction Dive

AUGUST 18, 2016

By Bruce Jervis Parties to a dispute, under the so-called “American rule,” each pay for their own legal counsel. This is the case, in most states, for successful mechanic’s lien claimants.

Lien 48

Lien Contractors Legal 48

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 53

Lien Claims Subcontracting Legal 53

Construction Equipment

JANUARY 13, 2016

When a construction company has difficulty getting paid, state laws allow it to file a bond claim or mechanics lien. Nate Budde, chief legal officer for zlien , discusses the importance of providing preliminary notice and the risks of filing the claim. Read Budde's advice on protecting your company from nonpayment here.

Lien 48

Lien Claims Legal Risk 48

Levelset

OCTOBER 1, 2024

Expert Support in Complex Areas From the outset, Levelset recognized the complexity of Kodiak’s operations, spanning multiple states with different lien requirements. It’s nearly impossible for a single company to be an expert in the legal nuances across so many regions.

Lien 40

Lien Legal Innovation Modeling 40

Levelset

NOVEMBER 20, 2024

The VSOC essentially operates as a lien on project funds, meaning the public entity must hold onto the claimed amount until the payment dispute is resolved. In CO, if a contractor or sub hasn’t been paid, they can file a VSOC with the public entity in charge of the project. Wadsworth Case Background The case in question is Ralph L.

Claims 52

Claims Colorado Change Orders 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. ” La.

Lien 58

Lien Louisiana Claims Construction 58

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

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 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. I don’t want to spoil the whole article for you, so I’ll encourage you to visit The Lien Zone and check out the rest of the post here: [link].

Lien 99

Lien Zoning Legal Contract 99

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

Construction Law Monitor

JANUARY 29, 2012

Legal products are no different. Liens / Bonds. Letter Demanding Lien Removal. Here at Wolfe Law Group we love flat fees. This is an area of our practice that has been blossoming for good reason. Business owners and contractors like to know what they are getting when they buy products. Demand Letters.

Legal 51

Legal Lien Negotiation Consulting 51

Construction Lawyer

MARCH 13, 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 supplier denied mechanics lien. National City Mortgage v.

Lien 40

Lien Illinois AIA Chicago 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. Watch Out for Georgia’s Lien Waivers. Payment Bond Claims.

Georgia 48

Georgia Lien Contract Documentation 48

Construction Law Monitor

NOVEMBER 9, 2010

Sometimes the best blog posts and legal articles are the simplest. Take, for example, a post from early October by Joshua Glazov on his Construction Law Today blog , where he simply cites a 1941 quote from US Supreme Court Justice Robert Jackson : The legal profession, like many another, tends to become over-professionalized.

Legal 71

Legal Lien US Contract 71

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 project involved the new construction of three buildings in Durham, North Carolina.

Compensation 97

Compensation Lien Claims North Carolina 97

Levelset

APRIL 15, 2022

If the insurance company is dragging their feet, a restoration contractor can still likely file a mechanics lien on the property. AOBs and mechanics liens. A mechanics lien is hands down a contractor’s most effective tool to ensure they get paid for their work. Learn more: How to calculate your collection effectiveness.

Insurance 52

Insurance Contractors Lien Claims 52

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

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

Constructonomics

MAY 2, 2014

And don’t think you’ll get legal fees in a settlement – it just won’t happen. Sometimes there is a much simpler solution and getting bogged down with all the legal mumbo jumbo can cause you to lose site of other less expensive alternatives. File a Mechanic’s Lien (if you can).

Lien 186

Lien Finance Deals Legal 186

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. On-demand legal help you can afford. Payment protection on New York public projects. times the amount owed.

New York 52

New York Claims New York City Lien 52

Construction Marketing Ideas

FEBRUARY 11, 2017

Blog entries provide useful and relevant legal insights which, while focused in Hill’s market area, are relevant everywhere. For example, see his recent post about lien rules, where […]. This longevity correlates with quality.

Lien 48

Lien Legal Construction Management 48

Best Practices Construction Law

JUNE 15, 2022

1997), which held that “pay if paid” clauses are unenforceable because it essentially forces a subcontractor to waive or forfeit his constitutionally protected mechanics lien rights if the owner fails to pay the general contractor. One major lesson: WORDS MATTER. Review your contracts and understand your state’s law.

Virginia 118

Virginia Contract Lien Construction 118

Green Building Law Update

DECEMBER 5, 2021

And across the country when people cannot pay their water bills, water utilities shut off their water, Even more draconian, in some jurisdictions liens are placed against resident’s homes and then that home is sold at tax sale (for failure to pay a water bill). Today the average residential water bill in New York is $994 a year.

Mississippi 156

Mississippi New York New York City Memphis 156

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

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. Even when payment challenges are similar, payment protection is very different between private and public work.

Washington 52

Washington Claims Lien Contract 52

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

Green Building Law Update

JULY 19, 2015

In January 2007, Southern Builders, the general contractor, commenced a mechanics lien action in the Circuit Court. Southern Builders is instructive because, commenced as a mechanics lien action for failure to pay, this is how many construction disputes, including those that involve matters of green building, reach the courts.

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. Southern Builders is instructive because, commenced as a mechanics lien action for failure to pay, this is how many construction disputes, including those that involve matters of green building, reach the courts.

Green 120

Green Maryland Lien Certification 120

Construction Junkie

JULY 8, 2020

Former winners CONEXPO-CON/AGG Radio, The ConTechCrew, and The Lien Zone were back and all had strong showings in the voting round. Check out our full review of The Lien Zone by clicking or tapping here. #7: It was a very exciting competition this year, with a few records broken along the way.

Construction 121

Construction Lien Zoning Industrial 121

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