Contractor Bookkeeping

OCTOBER 16, 2020

Proactive versus reactive are the two methods of getting something done. I find everyone works in a combination of both, I included. Proactive is scheduling and doing everything ahead of time. Nothing is ever waiting until the last minute. Reactive is more emergency driven and are things that need to be done now.

Cash Flow 99

Cash Flow Lien Contractors Schedule 99

Construction Law Monitor

JANUARY 4, 2012

Over the past holiday season, I was at a Christmas party discussing with a friend of mine who runs an electrical supply company here in South Louisiana, the intricacies of notice provisions before a company like his can file a lien on a private project. My office constantly invalidates liens that were not filed correctly.

Lien 76

Lien Louisiana Leases Equipment 76

Fieldwire

SEPTEMBER 5, 2023

Change orders : A change order is a written agreement between the owner or architect and the contractor that changes the contract amount, work requirements, and/or schedule. Conditional lien waivers : A lien waiver is a document that waives the signing party’s right to file a mechanics lien.

Lien 98

Lien AIA Documentation Change Orders 98

Levelset

APRIL 15, 2022

An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. A property owner and contractor can set up an assignment of benefits in two steps: The owner and the contractor sign an AOB agreement The contractor sends the AOB to the insurance company. The AOB agreements need to be in writing.

Insurance 52

Insurance Contractors Lien Claims 52

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. It happens all the time!

Compensation 97

Compensation Lien Claims North Carolina 97

Construction Law Monitor

SEPTEMBER 17, 2013

Joint check agreements are very popular in the construction industry. In fact, many folks mistakenly believe that joint check agreements are exclusively a construction industry instrument. Perhaps the joint check agreement is the most misunderstood and dangerous document you can confront on a construction project.

Agreement 51

Agreement Construction California Security 51

Construction Lawyer

MARCH 13, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. illinois supplier denied mechanics lien. An Illinois appellate court has affirmed the trial court's summary judgment against a lumber company's mechanics lien. mechanics liens. March 8, 2012).

Lien 40

Lien Illinois AIA Chicago 40

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. this is the “pay if paid” prohibition); and. One major lesson: WORDS MATTER.

Virginia 118

Virginia Contract Lien Construction 118

Mr Ethics

APRIL 23, 2014

For example, we insert a “paid when paid” clause; broader indemnification; and a lien waiver provision. Very truly yours, Business is Business Dear Business, There exists an obligation that a party entering into an agreement knows the terms and conditions of the agreement. Regards, Mr. Ethics

Contract 100

Contract Agreement AIA Lien 100

Mr Ethics

APRIL 23, 2014

For example, we insert a “paid when paid” clause; broader indemnification; and a lien waiver provision. Very truly yours, Business is Business Dear Business, There exists an obligation that a party entering into an agreement knows the terms and conditions of the agreement. Regards, Mr. Ethics

Contract 100

Contract Agreement AIA Lien 100

Mr Ethics

APRIL 23, 2014

For example, we insert a “paid when paid” clause; broader indemnification; and a lien waiver provision. Very truly yours, Business is Business Dear Business, There exists an obligation that a party entering into an agreement knows the terms and conditions of the agreement. Regards, Mr. Ethics'

Contract 100

Contract Agreement AIA Lien 100

Green Building Law Update

MAY 21, 2017

You understand and agree that this is a lease and not a sale agreement. That fixture filing is in most states a lien or encumbrance against the system. But commonly, residential solar panel leases provide language similar to, You agree that the solar panel system is the Company’s personal property under the Uniform Commercial Code.

Leases 232

Leases Housing Agreement Residential 232

Green Building Law Update

AUGUST 16, 2020

You understand and agree that this is a lease and not a sale agreement. That fixture filing is in most states a lien or encumbrance against the system. The Company owns the solar panel system for all purposes. Some of the companies engaged in this business (.

Housing 207

Housing Leases Residential Contract 207

Green Building Law Update

MARCH 18, 2018

You understand and agree that this is a lease and not a sale agreement. That fixture filing is in most states a lien or encumbrance against the system. But commonly, residential solar panel leases provide language similar to, You agree that the solar panel system is the Company’s personal property under the Uniform Commercial Code.

Leases 179

Leases Housing Agreement Residential 179

Construction Marketing

JULY 11, 2022

If the principal’s bond application is approved, the surety company will require the principal to sign an indemnity agreement before it will issue the bond. The indemnity agreement provides that the principal will hold the surety harmless if a claim is filed against the bond. Sign the indemnity agreement.

Contractors 156

Contractors Legal Bidding Contract 156

Construction Law Monitor

AUGUST 9, 2011

Liquidating Agreement. Another technical term that is not often discussed in construction, yet is present in many construction contracts is the mechanism know as a “liquidating agreement” Sloan pg 16. Do not confuse a liquidating agreement with liquidated damages. Brennan’s The Construction Contracts Book.

Agreement 57

Agreement Contract Insurance Construction 57

NH Construction Law

FEBRUARY 25, 2023

Worse, the contractor or one of its unpaid subcontractors could place a mechanic’s lien on the property – which is sure to result in a breach of the owner/borrower’s loan agreement!

Banking 40

Banking Inspections Construction Lien 40

Construction Law Monitor

JULY 20, 2011

There is likely no answer for you under the lien law – unless you filed a notice of lease agreement with the owner within the appropriate time frame. Finally, the Notice of Lease Agreement does not have to be in any specific form – simply a copy of the contract should suffice. What do you do?

Leases 44

Leases Lien Louisiana Equipment 44

Viewpoint Construction Technology

MAY 15, 2018

Common regulations in the construction industry include: Contractual agreements between owners, contractors and subcontractors. Wage and union payroll agreements. Lien requirements. Building codes. Insurance and bonding requirements. Credit and background checks. Safety regulations.

Management 145

Management Regulation Construction Documentation 145

Construction Lawyer

MAY 21, 2009

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. 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. mechanics liens. University of St.

Lien 40

Lien Illinois AIA Chicago 40

Construction Lawyer

APRIL 20, 2009

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Idle Equipment not entitled to Lien in Missouri. April 20, 2009 in litigation , mechanics liens | Permalink. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens.

Lien 40

Lien Missouri Equipment Illinois 40

Constructonomics

MAY 2, 2014

File a Mechanic’s Lien (if you can). In Pennsylvania, the law states that you cannot file a lien on a purely public entity. Also, there is a timeline to file a mechanic’s lien. In PA it’s six months from the last day you are on the project, and if this time expires, you’re lien rights are gone.

Lien 186

Lien Finance Deals Legal 186

Levelset

APRIL 8, 2022

Insuring agreement. Regardless of the policy, the Insuring Agreement is the section that will outline all the insurance company’s responsibilities after a weather event or other covered peril causes damage to a roof or exterior siding, as examples. The Insuring Agreement will give you a detailed list of covered perils.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

Insuring agreement. Regardless of the policy, the Insuring Agreement is the section that will outline all the insurance company’s responsibilities after a weather event or other covered peril causes damage to a roof or exterior siding, as examples. The Insuring Agreement will give you a detailed list of covered perils.

Insurance 52

Insurance Claims Agreement Lien 52

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. See Town of Bedford v. Brooks , 121 N.H.

Lien 40

Lien Compensation Change Orders Subcontracting 40

Best Practices Construction Law

NOVEMBER 6, 2019

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

Vermont Lien Claims Negotiation 54

Construction Lawyer

DECEMBER 28, 2007

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Non-signatory bound by agreement to arbitrate. 15, 2007), the court held that a non-signatory to a contract that contained an agreement to arbitrate could be bound by the arbitration requirement. Buy cialis.

Agreement 40

Agreement Illinois AIA Chicago 40

Federal Construction Contracting Blog

MAY 9, 2022

However, when the parties cannot reach an agreement, the subcontractor faces financial turmoil. On a private project, a subcontractor may file a mechanic’s lien to secure its right to payment. However, when the owner is the federal government, a subcontractor has no lien rights.

Claims 52

Claims Contract Lien Materials 52

Construction Lawyer

OCTOBER 18, 2006

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Indemnity Agreement. Listed below are links to weblogs that reference Indemnity Agreement : Recent Posts. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens.

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Lawyer

AUGUST 28, 2013

If a third party lien is known to exist, the plaintiff may protect the third-party’s right of recovery or subrogation interest by tendering to the defendant: (1) A signed release of the attorney''s lien. (2) 2) Either: (i) a signed release of a healthcare provider lien; or. (ii)

Illinois 40

Illinois Lien Claims Insurance 40

Construction Law Monitor

OCTOBER 30, 2013

Other helpful documents include demand letters, lien waivers and filing of liens when payment is not received. Companies such as zlien.com are very good with helping contractors manage notice and lien compliance. Joint Check Agreements On Construction Projects: What Suppliers Need To Know. Related articles.

Louisiana 51

Louisiana Contractors Lien Liability 51

Construction Lawyer

SEPTEMBER 22, 2005

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Waivers of liens: fraud. Listed below are links to weblogs that reference Waivers of liens: fraud : Recent Posts. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens.

Lien 40

Lien Illinois AIA Chicago 40

NH Construction Law

MAY 24, 2022

A unanimous Supreme Court has now said no, and in the process has debunked the common assumption that arbitration agreements are specially favored in federal court – the so-called “presumption of arbitrability.” Time Share Corp. ,

New Hampshire 40

New Hampshire Agreement Bargains Lien 40

Construction Dive

AUGUST 14, 2013

” All of the measures were passed into law this year.

Lien 48

Lien Utah Indiana Arizona 48

Construction Lawyer

APRIL 30, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. New York court holds that contractor installing cogeneration system not entitled to a mechanics lien.  Later, Trystate commenced a mechanics lien action, seeking to be paid its claims. mechanics liens.

New York 40

New York Lien Contractors Illinois 40

Construction Lawyer

OCTOBER 6, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. Jurado , which involved competing lien claims.  RBM did file its counterclaim, sounding in mechanics lien, on August 25, 2008. 

Illinois 40

Illinois Lien Banking AIA 40

Levelset

FEBRUARY 10, 2022

Deep dive – Scope of Work: 6 Things Every Construction Agreement Should Include. Depending on the laws in the state where the property is located, unpaid businesses may be able to file a lien for unpaid preconstruction work. However, mechanics lien laws typically only kick in once the property has been “improved.”

Risk 52

Risk Feasibility Bidding Budgeting 52