Levelset

APRIL 1, 2022

The variety of services they provide can create a lot of confusion around their right to file a mechanics lien if they don’t get paid. In an attempt to make things clearer, let’s look at what type of work restoration and remediation contractors can file a lien for — and what type of work is less likely to be protected.

Lien 52

Lien Contractors Inspections Consulting 52

Fieldwire

SEPTEMBER 5, 2023

Due to the size and complexity of most construction projects, contractors often need to supply additional proof of their work to prove to the owner or general contractor (GC) that they deserve to get paid. On many projects, construction businesses are required to submit a payment application. There are several types of lien waivers.

Lien 98

Lien AIA Documentation Change Orders 98

Best Practices Construction Law

DECEMBER 18, 2019

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.

Lien 71

Lien Claims Massachusetts Contract 71

Fieldwire

AUGUST 14, 2023

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.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

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

NH Construction Law

OCTOBER 22, 2023

It happens this way: A contractor or subcontractor borrows money from a lender, and as security for the loan it gives the lender an assignment of or lien on its receivables and contract rights. Suffolk Construction Co. , Otherwise all construction contracts would have such a clause, thwarting the lender’s statutory rights.

Security 40

Security Contract Accounting Construction 40

NH Construction Law

FEBRUARY 29, 2020

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.”

Lien 40

Lien Contract New Hampshire Materials 40

Wolgast Corporation

NOVEMBER 28, 2022

Liens Can Wreak Havoc on Funding. On top of that, that they expect you, the owner, to guarantee to the Bank and the Title Company that the project will be lien-free during construction. These types of requests are common place in today’s world when an owner finances the construction of a building. Why should you care?

Lien 98

Lien Risk Contractors Banking 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

Construction Junkie

APRIL 21, 2021

In a recent post from The Lien Zone, a great source for construction law related advice, Patrick Barthet offers some steps to take before calling it quits. First and foremost, you need to read and understand what the termination requirements are in your contract and provide the necessary notice.

Lien 99

Lien Zoning Legal Contract 99

NH Construction Law

OCTOBER 7, 2018

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. If the owner then files an objection to the lien and asks for a hearing, what will be grounds for the judge to reduce or eliminate the lien?

Lien 40

Lien Claims Contract New Hampshire 40

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

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 52

Lien Claims Security Contract 52

Levelset

AUGUST 25, 2022

Retainage : It’s been a hot button topic in the construction industry for years. Given the slim profit margins on construction projects, retainage practices can be incredibly frustrating for contractors. Texas lien law: ‘Retainage’ or ‘reserved funds’? 53.025 provides some insight.

Texas 52

Texas Lien Claims Contract 52

Construction Junkie

JULY 8, 2020

Construction Junkie's 6th Annual Best Construction Podcast Competition has officially come to an end and the results have been tallied. Former winners CONEXPO-CON/AGG Radio, The ConTechCrew, and The Lien Zone were back and all had strong showings in the voting round.

Construction 121

Construction Lien Zoning Industrial 121

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 information is relevant as well to anyone concerned about construction law issues anywhere in the U.S. Tragedy faced many construction business during the Great Recession.

Georgia 48

Georgia Lien Contract Construction 48

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. Lend Lease Construction (Sept. 1, 2020) (PDF).

Compensation 97

Compensation Lien Claims North Carolina 97

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 Junkie

MAY 20, 2020

After a round of nominations, the stage has been set for the 6th annual Best Construction Podcast Competition presented by Construction Junkie. Former winners CONEXPO-CON/AGG Radio, The ConTechCrew, and The Lien Zone are back, as well as a many other podcasts that are new to the competition. vote for the lien zone.

Lien 116

Lien Construction Zoning Industrial 116

Levelset

APRIL 15, 2022

Mayer Building Company is a New Orleans-based general contractor that specializes in commercial construction and historic renovations. The company was honored in 2020 by local newspaper City Business as part of their “Excellence in Construction and Real Estate” class. Download Mayer Building Company’s sample lien waiver. .

Resource 97

Resource Lien Documentation Change Orders 97

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

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 100

Cash Flow Lien Contractors Schedule 100

Levelset

MAY 17, 2022

While problems with slow payments reverberate throughout the construction industry, the truth is that some companies, roles, and project types are much more likely to get paid on time than others. Read on to find out who’s winning and losing in the construction payment game — and what you can do about it.

Cash Flow 98

Cash Flow Construction Lien Contractors 98

Levelset

JUNE 16, 2022

The federal government is allocating over a trillion dollars in funding for public infrastructure construction projects over the course of the next decade. Even though payment challenges can be similar — slow payment is a plague across the whole construction world — payment protection is very different between private and public work.

New Jersey 52

New Jersey Lien Claims Contract 52

BD+C

DECEMBER 7, 2012

On private construction projects, contractors ordinarily have the right to file a mechanic's or materialman’s lien under applicable state law to collect unpaid sums due on a construction contract. However, on July 11, the Georgia Court of Appeals ruled in 182 Tenth, LLC v. read more.

Lien 53

Lien Georgia Contractors Contract 53

Construction Law Monitor

OCTOBER 9, 2013

In common terms, the PWA allows you to lien property in order to secure your right to payment. The subject discussed here is one such limitation: the requirement of filing a notice of contract for certain projects. What is a Notice of Contract? In those two scenarios, the notice of contract will be deemed improperly filed.

Contract 51

Contract Lien Louisiana Contractors 51

Construction Dive

FEBRUARY 13, 2013

By Bruce Jervis It is standard for construction contracts to require that each payment application include affidavits and lien waivers. The detailed nature of these provisions inevitably leads to sporadic or inconsistent enforcement by the party making payment. A recent case out of Mississippi is an example.

Lien 48

Lien Subcontracting Mississippi Claims 48

Best Practices Construction Law

NOVEMBER 21, 2019

As you may be aware, one of the greatest risks on a construction project involves the payment process. Turner Construction Company , the U.S. The work involved the construction of the Granby Tower Project in Norfolk, Virginia. The owner ultimately lost its construction financing on the project and abandoned the development.

Contract 77

Contract Subcontracting Drafting Virginia 77

Best Practices Construction Law

AUGUST 24, 2012

While I generally limit my guest posts to my fellow law partners, I simply could not resist sharing with you today's post from my friend and construction attorney, Scott Wolfe, Jr. He is the founder of Zlien.com , a national mechanics lien filing and compliance management service. I hope you enjoy. + + + + + + + + + + + +.

Lien 48

Lien Claims Debt Florida 48

Levelset

MARCH 16, 2022

Undertaking a large construction project is exciting, but it can also be overwhelming. Instead of looking at the project as one big job, it’s possible to break almost every project down into individual phases of construction. Once a construction project is finally taking shape, it hits the performance and monitoring phase. .

Lien 52

Lien Construction Budgeting Budget 52

NH Construction Law

FEBRUARY 25, 2023

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

Banking Inspections Construction Lien 40

Levelset

MARCH 21, 2022

Poor cash flow management is the number one reason why construction businesses fail. This should be clearly stated in your contract. Be sure to go over payment terms with them when discussing the contract, so they can plan ahead. Protect your lien rights. A mechanics lien allows you to guarantee payment from the owner.

Cash Flow 98

Cash Flow Insurance Lien Management 98

Construction Marketing

JULY 11, 2022

If you learn that you need to purchase a surety bond to work as a contractor or to enter into a contract to perform work on a project, here is some information you should know about surety bonds and how they work for contractors. The second category of bonds you will likely encounter as a contractor is contract bonds. Bond Types.

Contractors 156

Contractors Legal Bidding Contract 156

Autodesk Construction Cloud

FEBRUARY 1, 2024

A strong financial base in construction is as vital for success as a solid physical foundation is for any building project. Paired with razor-thin profit margins, it’s increasingly difficult for construction firms to build and maintain the financial foundation necessary to compete and thrive in the industry. Why Payapps?

Autodesk 87

Autodesk Cash Flow Construction Risk 87

Construction Law Monitor

MAY 17, 2012

Over the past few years the California Legislature has been tinkering with its construction lien laws, both public an private. More recently another construction law blog gave a more brief version of the new changes that have gone into and will be going into effect. ” See the full article here.

Lien 65

Lien California Deals Documentation 65

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

Lets Build

MAY 11, 2020

The construction industry, along with all other sectors in the world, will never be the same because of the COVID-19 pandemic. Here are some of the ways the novel coronavirus crisis will reshape construction. Before the COVID-19 pandemic, many construction business owners were reluctant to adopt a flexible work arrangement.

Industrial 178

Industrial Construction Conference Compensation 178