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When Is a Mechanic’s Lien ‘Willfully’ Exaggerated?

Construction Dive

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.

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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

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. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

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How to Get Paid on Washington State Public Projects

Levelset

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.

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constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer

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.

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Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time

Autodesk Construction Cloud

She recalls her experience speaking with a fellow attorney who had to go through a 129-page subcontract that could have been cut down to ten pages. “It’s A mechanic’s lien works the same way,” says Karalynn. “If From my experience, the subcontract that comes over is the first offer. Here are Karalynn’s top recommendations.

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How to Get Paid on Oregon Public Projects

Levelset

When payment problems come up on a public project, contractors can’t just file a mechanics lien as a solution, as both the federal government and state governments prohibit private companies from gaining interest in public property. On-demand legal help you can afford. Learn more. Oregon prevailing wage laws.

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Subcontractor Default Insurance: Pros & Cons for General Contractors

Levelset

In addition, SubGuard does not provide protection against mechanics liens from unpaid second-tier subs and suppliers. LA Plumbing is providing plumbing work on the project, and their subcontract is worth $2 million. On-demand legal help you can afford. SDI is offered as an alternative to performance bonds. Learn more.