Lien Risk Subcontracting 
Constructlaw
APRIL 11, 2023
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.
HardHatChat
FEBRUARY 9, 2010
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. Cross your fingers they were, otherwise you might run the risk of extra fees.
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Levelset
MARCH 21, 2022
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. Restoration contractors have the ability to use mechanics liens to secure payment from property owners. Protect & speed up every payment.
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. In Universal Concrete Products Corp.
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. The owner had hired a general contractor who, in turn, had subcontracted some of the work.
NH Construction Law
MAY 28, 2018
Before subcontracting any significant portion of a long term job to someone who isn’t known to be financially solvent, the wise general will ask for proof that the sub can carry the strain of weekly payroll through a monthly requisition procedure, with retainage. But hey, who ever said that general contracting was risk-free?
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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