Best Practices Construction Law

JUNE 15, 2022

Let’s cut to the chase—Virginia has joined 11 other states that have expressly prohibited “pay if paid” clauses in construction contracts. Many require more than just “pay-if-paid” language in the parties’ contract. If you have construction projects in Virginia, then read on. What’s the difference? What does the Virginia law say?

Virginia 118

Virginia Contract Lien Construction 118

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. Mass) (Dec.

Lien 71

Lien Claims Massachusetts Contract 71

Fieldwire

AUGUST 14, 2023

It’s fairly common, especially on commercial and public construction projects, and typically ranges from 5 - 10% of the total contract price. So on a $100,000 contract with 10% retainage, the contractor doesn’t have to fork over ten grand at the beginning. Instead, the contractor will deduct the retainage from each payment application.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

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

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

Fieldwire

SEPTEMBER 5, 2023

The construction contract will typically define the process for submitting a pay app, the documents to include, and the deadline for submission. 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.

Lien 98

Lien AIA Documentation Change Orders 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

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

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. The lien laws protect people that supply the resources to build a building. By Brian Stadler, Wolgast President & CEO. Why should you care?

Lien 116

Lien Risk Contractors Banking 116

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

AUGUST 25, 2022

Texas lien law: ‘Retainage’ or ‘reserved funds’? In 2021, Texas enacted some sweeping changes to the mechanics lien process effective on projects where the original contract was entered into on or after January 1, 2022. Lien for unpaid retainage. 53.025 provides some insight.

Texas 52

Texas Lien Claims Contract 52

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

Mr Ethics

APRIL 23, 2014

Dear Mr. Ethics, We use AIA contract documents with all our owners and subs. For example, we insert a “paid when paid” clause; broader indemnification; and a lien waiver provision. We always modify the documents to get better terms for us. We never let the owner or sub know we modified the document.

Contract 100

Contract Agreement AIA Lien 100

Mr Ethics

APRIL 23, 2014

Dear Mr. Ethics, We use AIA contract documents with all our owners and subs. For example, we insert a “paid when paid” clause; broader indemnification; and a lien waiver provision. We always modify the documents to get better terms for us. We never let the owner or sub know we modified the document.

Contract 100

Contract Agreement AIA Lien 100

Mr Ethics

APRIL 23, 2014

Dear Mr. Ethics, We use AIA contract documents with all our owners and subs. For example, we insert a “paid when paid” clause; broader indemnification; and a lien waiver provision. We always modify the documents to get better terms for us. We never let the owner or sub know we modified the document.

Contract 100

Contract Agreement AIA Lien 100

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. Otherwise all construction contracts would have such a clause, thwarting the lender’s statutory rights.

Security 40

Security Contract Accounting Construction 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

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

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. ” La.

Lien 58

Lien Louisiana Claims Construction 58

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

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. A recent case out of Mississippi is an example.

Lien 48

Lien Subcontracting Mississippi Claims 48

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 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 Construction 99

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

Levelset

APRIL 15, 2022

Taking a closer look at the terms of a typical contract will provide you with important information about insurance, safety, dispute resolution, and more. Digging deeper into company processes for payment, change orders, lien waivers, and more will give you a sense of what to expect while working with them. . Read a sample subcontract.

Resource 97

Resource Lien Documentation Change Orders 97

Levelset

MARCH 21, 2022

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. The right to file a mechanics lien is the most powerful tool in your toolbelt. A mechanics lien allows you to guarantee payment from the owner.

Cash Flow 98

Cash Flow Insurance Lien Management 98

Levelset

JUNE 16, 2022

When payment problems come up, contractors on public projects can’t turn to the mechanics lien for the solution — both the federal and state governments prohibit private companies from gaining interest in public property. New Jersey bond claim laws & liens on contract funds. Preliminary notice requirements.

New Jersey 52

New Jersey Lien Claims Contract 52

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

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. Mark Budwig of Government Contracts Advisor posted these in his March 2, 2012 post. There have been numerous write-ups with commentators chiming in on whether the changes are a good thing or a bad thing.

Lien 65

Lien California Deals Documentation 65

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. Issues of substance of the lien (i.e. of Washington v.

Lien 40

Lien Washington Contractors Claims 40

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

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

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 Contract Bidding 156

Construction Lawyer

MARCH 13, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. DESPITE HAVING TWICE SIGNED CONTRACT, CORPORATE REPRESENTATIVE NOT NECESSARILY OBLIGATED TO PERSONALLY ARBITRATE » March 13, 2012. mechanics liens.

Lien 40

Lien Illinois AIA Chicago 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 ). Since the state owns the land, there are no security devices , such as a lien that can attach to the land and call for its foreclosure in the event of default or non-payment. 38:2241 et seq. ).

Lien 56

Lien Claims Louisiana Security 56

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. Payment protection on New York public projects. times the amount owed.

New York 52

New York Claims New York City Lien 52

Best Practices Construction Law

NOVEMBER 21, 2019

The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. So, what should your contracts provide? (Again, it should be noted that some states limit the enforceability of these clauses by either statute or case law. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77