NH Construction Law

MARCH 26, 2023

When a general contractor or lower tier subcontractor or supplier records a mechanic’s lien attachment on property, security for the lienor’s hoped-for judgment is achieved – but often something more, and perhaps unintended, is achieved. Consolidated Electrical Distributors Inc. Eclipse Construction, Inc. ;

Lien 40

Lien Subcontracting New Hampshire Bargains 40

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. The mechanical subcontractor filed suit against the prime contractor for $2.7m

Compensation 97

Compensation Lien Claims North Carolina 97

Constructlaw

OCTOBER 20, 2022

A New York appellate court recently affirmed the dismissal of a subcontractor’s counterclaims for delay damages and for unpaid amounts because they were barred by the parties’ no-damage-for-delay provision and executed lien waivers, respectively. Pizzarotti LLC, a construction manager, sued its subcontractor, X-Treme Concrete, Inc.,

Lien 52

Lien New York Subcontracting Claims 52

Levelset

AUGUST 25, 2022

Given the slim profit margins on construction projects, retainage practices can be incredibly frustrating for contractors. Texas lien law: ‘Retainage’ or ‘reserved funds’? The main changes came in the form of simplified notice procedures and lien filing deadlines. 53.025 provides some insight.

Texas 52

Texas Lien Claims Contract 52

Best Practices Construction Law

MARCH 20, 2018

” A contractor in North Dakota wasn’t laughing when it was not allowed to pass “Go” and could not immediately collect its $200,000 for work performed. Dickinson Elks Building, LLC , the court held a contractor was not entitled to recover for labor and materials during a time period when the contractor was unlicensed.

North Dakota 75

North Dakota Contractors Lien Claims 75

Levelset

JUNE 16, 2022

A large amount of that funding is going to go directly to individual states, and with the state adopting new laws in 2021 that reconfigure the bidding process — along with adding the “design-build” option to the public construction process — there are plenty of opportunities for contractors across New Jersey.

New Jersey 52

New Jersey Lien Claims Contract 52

Levelset

APRIL 15, 2022

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. Pros & cons for contractors.

Insurance 52

Insurance Contractors Lien Claims 52

NH Construction Law

OCTOBER 7, 2018

A contractor is thrown off a job midstream for alleged shoddy work and/or slow performance. He sues the owner for his unpaid contract balance. His contract provides for interest and attorneys’ fees if payment is not timely made, so he adds both to his complaint. Contracting v. D ’ Amour , No. 2d 289 (D.N.H.

Lien 40

Lien Claims Contract New Hampshire 40

Best Practices Construction Law

AUGUST 24, 2012

He is the founder of Zlien.com , a national mechanics lien filing and compliance management service. Scott writes the Construction Lien Blog , which analyzes construction lien laws and regulations across the nation. Understand What Type of “Lien” Is Available. I hope you enjoy. + + + + + + + + + + + +.

Lien 48

Lien Claims Debt Florida 48

Levelset

MAY 11, 2022

New York State has announced a major project in the state’s buildup of its infrastructure, with billions in contracts available for contractors in state-wide projects — an early return on the US government’s renewed interest in infrastructure spending. billion capital plan for programs and projects in New York State on April 9, 2022.

New York 52

New York Claims New York City Lien 52

Levelset

JUNE 3, 2022

With this much focus on public works construction, contractors nationwide should be ready to take advantage of the opportunity to work on big government projects at both the federal and state level — as well as be completely prepared to protect their payment rights while doing so. Washington State bond claim laws.

Washington 52

Washington Claims Lien Contract 52

Construction Dive

NOVEMBER 12, 2014

By Bruce Jervis A mechanic’s lien is a contractor’s best form of payment security on a private construction project. State lien statutes specify the timely steps a contractor must take, from notice to filing to foreclosure. The increase reflected work performed, but not yet billed, prior to recording the lien.

Lien 48

Lien Contract Claims California 48

Levelset

MARCH 21, 2022

Restoration contractors can spend a lot of time waiting for payment. To cover these expenses, restoration contractors need to manage their cash flow to ensure they have enough money in the bank — especially when the insurance company is dragging their feet. This should be clearly stated in your contract.

Cash Flow 98

Cash Flow Insurance Lien Management 98

Construction Law Monitor

MAY 3, 2013

True: deadlines dictate when it comes to securing your lien rights. In the construction world, there is no doubt that the deadlines for securing your lien rights are rigid and unforgiving. If you have not filed your lien by the applicable date, you have relinquished that right permanently. The “Back Door Lien”.

Lien 64

Lien Contract Accounting Louisiana 64

Levelset

MARCH 31, 2022

As a contractor, you rely on the property owner to pay you for your work and materials. In turn, the owner is relying on the insurance company to pay their claim. Dig deeper: What contractors need to know about the insurance claims process. As a restoration contractor, you work for the property owner.

Insurance 93

Insurance Deals Contractors Claims 93

Construction Dive

OCTOBER 22, 2014

By Bruce Jervis Mechanic’s liens usually provide contractors and subcontractors with their most effective form of payment security on private construction projects. But, contracts sometimes call for constructors to waive or limit their lien rights before they have even performed the work. Are they conscionable?

Lien 51

Lien Claims Security Contract 51

Federal Construction Contracting Blog

MAY 9, 2022

Sometimes subcontractors have a positive relationship with the prime contractor and resolve the issue amicably. 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

Levelset

FEBRUARY 11, 2022

Contracts are almost never paid up front, so contractors provide labor, materials, and equipment on credit with their customers. Contractors can track retainage in an account called Retention Receivable , Retainage Receivable , or Accounts Receivable – Retainage. Using QuickBooks to track lien rights on A/R.

Accounting 52

Accounting Management Contractors Lien 52

Levelset

APRIL 28, 2022

In recent years, inflation, supply chain issues, and labor shortages have only increased the likelihood of project delays, performance issues, and contractor default. While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC.

Insurance 52

Insurance Contractors Claims ABC 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Construction Marketing Ideas

FEBRUARY 13, 2016

The Cobb Law Group’s Georgia Construction, Bond and Lien Law Blo g provides practical information for contractors doing business in Georgia. The Cobb Law Group’s Georgia Construction, Bond & Lien Law Blog clearly states its focus in its title. Fix Your Customer Contracts! Negotiate/Review Your Contracts.

Georgia 48

Georgia Lien Contract Construction 48

Levelset

APRIL 7, 2022

Contractors often get a bad rap. While homeowners know they need a contractor to repair their house after a storm, complete a renovation, or build their dream home, they’ve heard the stories. They can come in expecting contractors to take advantage of them. 8 ways for contractors to build trust with a homeowner.

Contractors 52

Contractors Lien Education Housing 52

Construction Law Monitor

APRIL 5, 2012

Attention all home owners or property owners, there is only one surefire way to have that annoying illegal lien (in Louisiana called a statement of claim and privilege ) removed from the title of your property, a Mandamus action. is the origin of the rules which govern construction liens for private projects in this state.

Lien 58

Lien Louisiana Claims Construction 58

Construction Law Monitor

JULY 19, 2011

A quick word from the construction law case files: The Court of Appeals, Division 1, out in Washington state, has refused to deem a construction lien as frivolous based upon the complexity of the construction contract at dispute. Issues of substance of the lien (i.e. The court in SD Deacon Corp. of Washington v. Gaston Bros.

Lien 40

Lien Washington Contractors Claims 40

Construction Law Monitor

OCTOBER 9, 2013

As most people in that situation are aware, the Private Works Act (should that be the applicable act) provides very specific instructions for preserving your claims and privileges in this situation. In common terms, the PWA allows you to lien property in order to secure your right to payment. What is a Notice of Contract?

Contract 51

Contract Lien Louisiana Contractors 51

NH Construction Law

FEBRUARY 25, 2023

Owner/borrowers like it as well; preventing the contractor from getting ahead of them in payments incentivizes proper contract performance, and a set of professional eyes to determine whether the contractor’s draw requests are justified is a welcome feature. That puts the owner/borrower in a pickle.

Banking 40

Banking Inspections Construction Lien 40

Construction Law Monitor

APRIL 17, 2012

Here at Wolfe Law Group , I have been blogging a lot lately on liens for both public and private projects ( See other posts here ). Although, this seems simple, many contractors do not always see the connection. Contractors on these projects need to know the rules so that they can get paid. 38:2241 et seq. ).

Lien 56

Lien Claims Louisiana Security 56

Best Practices Construction Law

NOVEMBER 21, 2019

Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed. 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.

Contract 77

Contract Subcontracting Drafting Virginia 77

Construction Law Monitor

OCTOBER 15, 2013

At the start of every construction project you sign a stack of papers that will dictate your success or failure on the project: the construction contract. The contract may be short and sweet, or it may be a mountain of paperwork that not only includes its own provisions but also cites provisions in other paperwork stacks.

Contract 82

Contract Lien Construction Documentation 82

Levelset

MAY 17, 2022

General contractors report the best payment speed. General contractors are the big winners in the construction payment space, as they are more likely to report getting paid on time than many other roles — including subcontractors, material suppliers, rental companies, and restoration contractors.

Cash Flow 98

Cash Flow Construction Lien Contractors 98

Best Practices Construction Law

NOVEMBER 6, 2019

The Supreme Court of Vermont recently held that the conditions attached to a contractor’s payment of retainage to a subcontractor violated the state’s Prompt Pay Act. When the subcontractor was delayed, it submitted claim for $42,00 for the 21 days of delay damages. ” The contractor did not reply.

Vermont 54

Vermont Lien Claims Negotiation 54

Green Building Law Update

JULY 19, 2015

In January 2007, Southern Builders, the general contractor, commenced a mechanics lien action in the Circuit Court. A counterclaim was filed by Shaw Development alleging breach of contract and negligence. ” But the only relevant contract provision provided, “D. The Work consists of the following: 2.

Green 120

Green Maryland Lien Certification 120

Green Building Law Update

JULY 19, 2015

In January 2007, Southern Builders, the general contractor, commenced a mechanics lien action in the Circuit Court. A counterclaim was filed by Shaw Development alleging breach of contract and negligence. ” But the only relevant contract provision provided, “D. The Work consists of the following: 2.

Green 120

Green Maryland Lien Certification 120

Best Practices Construction Law

JANUARY 16, 2015

I have reviewed five new construction contracts in the past two weeks. If you are a contractor, there are a number of key provisions that you will want to be on the “look out” before you sign the agreement. Check out my series on the Top 20 Contract Issues for Contractors and Subcontractors.

Contract 48

Contract Roads Construction Lien 48

Construction Law Monitor

JULY 20, 2011

You are in the business of leasing heavy equipment to contractors. Chances are you are stuck in rough spot and have to defer to your contract for remedy. 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. What do you do?

Leases 44

Leases Lien Louisiana Equipment 44

Construction Dive

AUGUST 6, 2015

By Bruce Jervis Contractor recovery for the cumulative impact of multiple delays has always been controversial. Contract clauses mandating quantification shortly after the claim “event” effectively bar recovery for cumulative impact. It seems logical that repeated delays affect productivity and increase costs.

Feasibility 48

Feasibility Lien Change Orders Claims 48

Levelset

SEPTEMBER 23, 2022

General contractors know these risks when they take the role. But what if the general contractor isn’t at fault, and a subcontractor is to blame? Does a general contractor’s insurance cover their subcontractors’ accidents or mistakes? The car owner can’t go after a different contractor’s insurer for the damage.

Insurance 52

Insurance Liability Accidents Risk 52