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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. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

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The Utah Preconstruction Lien Process Explained

Levelset

Many Utah contractors are familiar with the construction lien process to secure payment for work or materials used in a building project. Utah actually gives them a similar payment tool, known as a preconstruction lien. However, the steps to claim one differ from the standard construction lien process. construction liens.

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New York Home Improvement Contracts: What Residential Contractors Need to Include

Levelset

In the State of New York, contractors working on certain residential projects need to have a good understanding of the NY Home Improvement Contracts Act. Here’s what NY residential contractors must include (and what can’t be included) in a New York home improvement contract. These requirements can be found under NY Gen.

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#86:  Mechanic's Lien Deadlines and Additional Work

NH Construction Law

The requirement in RSA 447:9 that a mechanic’s lien must be secured within 120 days of the lienor’s last furnishing of labor or materials has occasionally spawned disputes over what counts as that last day. ’ Work of that nature could be found not to be such as to extend the duration of plaintiff’s lien.”

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Do Not Pass “Go” You Out-of-State, Unlicensed Contractor

Best Practices Construction Law

There, the out-of-state contractor entered into the construction contract on December 26, 2011, but did not get its contractor’s license until February 5, 2012. The contractor later filed a lien for approximately $200,000. The trial court awarded the contractor its claim for damages, and the owner appealed.

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#66:  Labor Inefficiency Costs: Who Pays? How Much?

NH Construction Law

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.

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Construction Contract Tip: Pay Attention to “Coordination and Cooperation ” Clauses

Best Practices Construction Law

I have reviewed five new construction contracts in the past two weeks. Check out my series on the Top 20 Contract Issues for Contractors and Subcontractors. The owners defended their actions based on standard contract specifications requiring “coordination and cooperation” of the contractors. Busy, busy, busy! 165, 34 S.Ct.