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Broad Form Lien Waivers No Longer Part of the Game in North Carolina

Best Practices Construction Law

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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Texas Homestead Lien Rules & Requirements

Levelset

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.

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The Bird Box Dilemma: When False Pay Apps and Lien Waivers Are Not Fraudulent Inducement

Best Practices Construction Law

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.

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Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers

Best Practices Construction Law

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. Lend Lease Construction (Sept. It happens all the time! 1, 2020) (PDF).

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7 Things Contractors Need to Know About Retainage

Fieldwire

Construction is one of the hardest industries to manage cash flow in, with contractors often facing large up-front costs and frequent, long delays between expenses and payment. It’s fairly common, especially on commercial and public construction projects, and typically ranges from 5 - 10% of the total contract price.

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Owners Can Get Cake and Icing Under New Tennessee Lien Law

Best Practices Construction Law

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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Assignment of Benefits for Contractors: Pros & Cons of Accepting an AOB

Levelset

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs. Setting up an AOB.