Remove Agreement Remove Construction Remove Lien Remove Negotiation
article thumbnail

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.

article thumbnail

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. Mass) (Dec.

Lien 71
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

Levelset

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. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. The AOB agreements need to be in writing. Setting up an AOB. Klark Brown.

article thumbnail

#122:  Construction Loan Disbursement Pitfalls

NH Construction Law

A common feature of residential construction loans is the requirement for periodic inspections of the progress of work, usually by an independent inspection company hired by the bank, before disbursements are made. New Hampshire Savings Bank , 131 N.H. ” And such a voluntary undertaking is exceedingly rare. Don’t count on it.

Banking 40
article thumbnail

Common Law Analysis – Pay-if-paid, Pay-when-paid & Liquidating Agreements in Construction Contracts

Construction Law Monitor

Liberty Mutual Insurance Company (“Sloan”), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Brennan’s The Construction Contracts Book.

article thumbnail

Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time

Autodesk Construction Cloud

We discuss: The current state of construction contracts. Construction technology and the future of contracting and payments. Understand the state of contracts and payment terms in construction. The current state of contracts and payment terms in construction leaves a lot to be desired, says Karalynn.

article thumbnail

Payment of Retainage with “conditions attached” Deemed Non-Payment

Best Practices Construction Law

the dispute involved the parties’ separate agreement wherein the contractor committed to pay the subcontractor for delay damages that were beyond the subcontractor’s reasonable control. In the same letter as its refusal, the contractor said it would release the retainage payment “which was pending receipt of a Waiver of Lien.

Vermont 54