Legal Lien Negotiation Risk 
Fieldwire
AUGUST 14, 2023
The practice dates back to the 1840s, dreamed up as a measure to reduce the owner’s risk and ensure that the project is fully completed according to the job specifications. Retainage is up for negotiation Retainage is not set in stone. Every contract is negotiable, including what percentage is retained and for how long.
Levelset
APRIL 15, 2022
It gives the assignee authority to file and negotiate a claim directly with the insurance company, without involvement from the property owner. The contractor, now the assignee, negotiates the claim directly with the insurance company. AOBs and mechanics liens. What is an assignment of benefits? Setting up an AOB.
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Autodesk Construction Cloud
NOVEMBER 15, 2021
Owners pass on certain risks (contractually) to general contractors, who may do the same thing when hiring specialty contractors. For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities.
Best Practices Construction Law
NOVEMBER 6, 2019
In the same letter as its refusal, the contractor said it would release the retainage payment “which was pending receipt of a Waiver of Lien. That violation was later cured by the general contractor when it confirmed that negotiation of the check would not affect the subcontractor’s rights.
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? All such contractual solutions depend on the leverage possessed by and the negotiation savvy of the parties to these arrangements. That puts the owner/borrower in a pickle.
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. 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. Courts across the country vary in their treatment of these issues.
Levelset
APRIL 8, 2022
Knowing what to expect from insurers gives you some leverage as a contractor, and can help you protect your business against financial risk on restoration projects. But for many types of work, restoration contractors have the right to file a lien on their property if they fail to pay. Is restoration work covered by the policy?
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