Best Practices Construction Law

SEPTEMBER 13, 2018

The new statute, signed into in May 2018, immediately created a cause of action providing for remedies for the successful challenge of the validity of a lien against a property. 4) Any actual damages incurred by the owner. 4) Any actual damages incurred by the owner.

Lien 59

Lien Tennessee Banking Agreement 59

Construction Law Monitor

MARCH 15, 2012

The Construction Lien Blog (published by me!) yesterday posted a neat infographic focused on the mechanics lien. There are lots of infographics out there, but very few focused on legal issues. The infographic was inspired by awesome infographics used in other industries. Here it is:

Lien 56

Lien Visualization Legal Industrial 56

Construction Dive

AUGUST 18, 2016

By Bruce Jervis Parties to a dispute, under the so-called “American rule,” each pay for their own legal counsel. This is the case, in most states, for successful mechanic’s lien claimants.

Lien 48

Lien Contractors Legal 48

Construction Dive

MAY 28, 2014

By Bruce Jervis Most state mechanic’s lien statutes provide that if a lien claimant willfully exaggerates the amount of its claim, the lien may be declared null and void. Mechanic’s liens provide lien claimants with tremendous leverage against project owners.

Lien 51

Lien Claims Subcontracting Legal 51

Construction Equipment

JANUARY 13, 2016

When a construction company has difficulty getting paid, state laws allow it to file a bond claim or mechanics lien. Nate Budde, chief legal officer for zlien , discusses the importance of providing preliminary notice and the risks of filing the claim. Read Budde's advice on protecting your company from nonpayment here.

Lien 48

Lien Claims Legal Risk 48

Fieldwire

AUGUST 14, 2023

Retainage does not extend the mechanics lien deadline A mechanics lien is perhaps the most powerful tool that contractors have to force payment. Mechanics lien laws have specific deadlines that contractors must follow. If they let the filing deadline lapse without filing a lien claim, lien rights may be lost forever.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

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 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. I don’t want to spoil the whole article for you, so I’ll encourage you to visit The Lien Zone and check out the rest of the post here: [link].

Lien 99

Lien Zoning Legal Contract 99

Construction Marketing

JULY 11, 2022

Surety bonds are financial guarantees that are issued to ensure the individual or company who obtains the bond will perform work in a legally compliant manner and will avoid fraud and misconduct. Surety – The bonding company that guarantees the principal’s ethical operations and legal compliance by issuing the bond.

Contractors 156

Contractors Legal Bidding Contract 156

Construction Law Monitor

JANUARY 29, 2012

Legal products are no different. Liens / Bonds. Letter Demanding Lien Removal. Here at Wolfe Law Group we love flat fees. This is an area of our practice that has been blossoming for good reason. Business owners and contractors like to know what they are getting when they buy products. Demand Letters.

Legal 51

Legal Lien Negotiation Consulting 51

Construction Lawyer

MARCH 13, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. illinois supplier denied mechanics lien. National City Mortgage v.

Lien 40

Lien Illinois AIA Chicago 40

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. Watch Out for Georgia’s Lien Waivers. Payment Bond Claims.

Georgia 48

Georgia Lien Contract Construction 48

Construction Law Monitor

NOVEMBER 9, 2010

Sometimes the best blog posts and legal articles are the simplest. Take, for example, a post from early October by Joshua Glazov on his Construction Law Today blog , where he simply cites a 1941 quote from US Supreme Court Justice Robert Jackson : The legal profession, like many another, tends to become over-professionalized.

Legal 71

Legal Lien US Contract 71

Levelset

APRIL 15, 2022

If the insurance company is dragging their feet, a restoration contractor can still likely file a mechanics lien on the property. AOBs and mechanics liens. A mechanics lien is hands down a contractor’s most effective tool to ensure they get paid for their work. Learn more: How to calculate your collection effectiveness.

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. The project involved the new construction of three buildings in Durham, North Carolina.

Compensation 97

Compensation Lien Claims North Carolina 97

Help Everybody Everyday

APRIL 29, 2009

2009 is likely to be a year in which many construction liens are filed. These economic times will make mechanic’s liens, bonding and other proactive approaches to collection all the more important. However, you need to be careful in filing your liens, especially in Virginia. Kaled Naser, et. CL07-5431 (Va. Kaled Naser, et.

Lien 48

Lien Virginia Bankruptcy AGC 48

Constructonomics

MAY 2, 2014

And don’t think you’ll get legal fees in a settlement – it just won’t happen. Sometimes there is a much simpler solution and getting bogged down with all the legal mumbo jumbo can cause you to lose site of other less expensive alternatives. File a Mechanic’s Lien (if you can).

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Lien Finance Deals Legal 186

Levelset

MAY 11, 2022

Generally, companies aren’t able to file mechanics liens on public projects unlike with private projects, as the federal government — and many states — prohibit private entities from claiming an interest in public property. On-demand legal help you can afford. 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

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. One major lesson: WORDS MATTER. Review your contracts and understand your state’s law.

Virginia 118

Virginia Contract Lien Construction 118

Green Building Law Update

DECEMBER 5, 2021

And across the country when people cannot pay their water bills, water utilities shut off their water, Even more draconian, in some jurisdictions liens are placed against resident’s homes and then that home is sold at tax sale (for failure to pay a water bill). Today the average residential water bill in New York is $994 a year.

Mississippi 156

Mississippi New York New York City Memphis 156

Construction Marketing Ideas

FEBRUARY 11, 2017

Blog entries provide useful and relevant legal insights which, while focused in Hill’s market area, are relevant everywhere. For example, see his recent post about lien rules, where […]. This longevity correlates with quality.

Lien 48

Lien Legal Construction Management 48

Levelset

JUNE 3, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as both the federal and state governments explicitly prohibit private entities from claiming an interest in public property. Even when payment challenges are similar, payment protection is very different between private and public work.

Washington 52

Washington Claims Lien Contract 52

Construction Lawyer

APRIL 20, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Idle Equipment not entitled to Lien in Missouri. 3d 489 (Mo.App.

Lien 40

Lien Missouri Equipment Illinois 40

Construction Lawyer

MAY 21, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Subcontractors Mechanics lien allowed where bank seized generals funds.

Lien 40

Lien Illinois AIA Chicago 40

Levelset

MAY 17, 2022

Public projects often have complex payment chains, bond requirements, legal challenges, and government funding. If late payments are a persistent problem, understanding and filing mechanics liens — or bond claims for public projects—can positively affect cash flow. Protect & speed up every payment. Learn more.

Cash Flow 98

Cash Flow Construction Lien Contractors 98

Construction Junkie

JULY 8, 2020

Former winners CONEXPO-CON/AGG Radio, The ConTechCrew, and The Lien Zone were back and all had strong showings in the voting round. Check out our full review of The Lien Zone by clicking or tapping here. #7: It was a very exciting competition this year, with a few records broken along the way.

Construction 121

Construction Lien Zoning Industrial 121

Construction Junkie

MAY 20, 2020

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. vote for the lien zone. The Lien Zone Podcast. This year we have several familiar faces, as well many new podcasts. Vote for conexpo/con-agg radio.

Lien 116

Lien Construction Zoning Industrial 116

Federal Construction Contracting Blog

MAY 9, 2022

Even worse, if a subcontractor fails to take prompt legal action, it can lose access to one of the most effective ways to recover the amounts due. 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

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. Not unless he is prepared to pay twice! Suffolk Construction Co. , 543, 553, 984 N.E.2d

Security 40

Security Contract Accounting Construction 40

Green Building Law Update

MAY 21, 2017

That fixture filing is in most states a lien or encumbrance against the system. There can be real legal jeopardy and significant dollar liability for those failing to address the issues associated with solar panels. Many of the companies engaged in this business (. Selling a house with solar panels is not for the faint of heart.

Leases 232

Leases Housing Agreement Residential 232

Best Practices Construction Law

MARCH 20, 2018

The contractor later filed a lien for approximately $200,000. the lien claim ) , the contractor was entitled to recover in quantum meruit and unjust enrichment for labor and materials provided after it was granted a license. The trial court awarded the contractor its claim for damages, and the owner appealed.

North Dakota 75

North Dakota Contractors Lien Claims 75

NH Construction Law

FEBRUARY 25, 2023

If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? That puts the owner/borrower in a pickle. Don’t count on it. In Coachman Estates of Barrington, LLC v. REI Service Corporation , No.

Banking 40

Banking Inspections Construction Lien 40

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 notice of contract filing is important because, depending on the amount of the contract, the filing date will determine the time period in which one can file a lien. What is a Notice of Contract? This is where matters become complicated.

Contract 51

Contract Lien Louisiana Contractors 51

Green Building Law Update

MARCH 18, 2018

That fixture filing is in most states a lien or encumbrance against the system. There can be real legal jeopardy and significant dollar liability for those failing to address the issues associated with solar panels. Many of the companies engaged in this business (. Selling a house with solar panels is not for the faint of heart.

Leases 179

Leases Housing Agreement Residential 179

Green Building Law Update

AUGUST 16, 2020

That fixture filing is in most states a lien or encumbrance against the system. There can be real legal jeopardy and significant dollar liability for the seller and buyer, failing to address the issues associated with solar power. Some of the companies engaged in this business (. Selling a house with solar panels is fraught with peril.

Housing 207

Housing Leases Residential Contract 207

Construction Lawyer

SEPTEMBER 22, 2005

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Waivers of liens: fraud. mechanics liens. Categories.

Lien 40

Lien Illinois AIA Chicago 40

Construction Lawyer

OCTOBER 6, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

Illinois 40

Illinois Lien Banking AIA 40