Green Building Law Update

JULY 24, 2016

The concept is not new, but nationally, residential PACE programs generally have been put on hold or foregone as a result of concerns of HUD and the Federal Home Loan Banks, that issued a directive in February 2011 to refrain from purchasing mortgage loans secured by properties with outstanding first lien PACE obligations.

Finance 120

Finance Lien Residential Commercial 120

Green Building Law Update

APRIL 7, 2020

Maryland has been described as having more pages of environmental statutes and regulations on a per capita basis than any other state. A water infrastructure “asset owner” must reimburse MDE for costs incurred, and a lien must be established for nonpayment under specified circumstances.

Maryland 156

Maryland Commissioning Regulation Environment 156

Green Building Law Update

APRIL 7, 2020

Maryland has been described as having more pages of environmental statutes and regulations on a per capita basis than any other state. A water infrastructure “asset owner” must reimburse MDE for costs incurred, and a lien must be established for nonpayment under specified circumstances.

Maryland 156

Maryland Commissioning Regulation Environment 156

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. Payment protection on New York public projects. New York City has additional rules for payment protection as well.

New York 52

New York Claims New York City Lien 52

Fieldwire

AUGUST 6, 2023

Patrick is the CEO at Handle.com which builds software that helps contractors, subcontractors, and material suppliers secure their lien rights and get paid faster. There are also challenges that come from outside of the project such as government regulations and weather issues.

Project Management 98

Project Management Management Construction Budgeting 98

Construction Dive

SEPTEMBER 3, 2015

Unpaid parties at the bottom of the chain can create a multitude of problems, including mechanic’s liens, payment bond claims and risk of double payment by the contractor. Featured …Prime Had No Duty to Protect Payment Rights of Lower-Tier SubWater Regulations Did Not Apply to Excavation Activities

Contractors 48

Contractors Lien Claims Regulation 48

Green Building Law Update

DECEMBER 5, 2021

in a state where the majority of rain in cities and towns flows into storm drains dumping into the Pacific Ocean), including a draft emergency regulation that among other things makes washing a car without a shut-off nozzle punishable by a fine. This looming water curb and excessively severe public policy (. to mimic the U.N.

Mississippi 156

Mississippi New York New York City Memphis 156

Construction Law Monitor

OCTOBER 26, 2010

If you fail to do this, not only do you lose the right to file any mechanics lien on the project, but you can also be fined by the Labor & Industries, and may be in violation of Consumer Protection laws. Unfortunately, too few contractors in the State of Washington are aware of this requirement.

Lien 44

Lien Washington Modeling Contract 44

Construction Law Monitor

MAY 14, 2013

While this might not be an issue for some, it is worrying that something as particularized as home construction may be continuing down a path of non-regulation. Mechanics Liens: Recent Lien Law Amendments in Virginia. Missed Your Lien Deadline – What Now? Related articles.

Louisiana 60

Louisiana Lien Claims Construction 60

Construction Lawyer

AUGUST 28, 2013

The law attempts to regulate how settlements of such claims are paid: The settling defendant must tender a release to the plaintiff within 14 days of written confirmation of the settlement. 2) Either: (i) a signed release of a healthcare provider lien; or. 2) Either: (i) a signed release of a healthcare provider lien; or. (ii)

Illinois 40

Illinois Lien Claims Insurance 40

Construction Law Monitor

OCTOBER 30, 2013

This does not mean that the homeowner does not need to abide by local permitting rules and regulations. Other helpful documents include demand letters, lien waivers and filing of liens when payment is not received. Companies such as zlien.com are very good with helping contractors manage notice and lien compliance.

Louisiana 51

Louisiana Contractors Lien Liability 51

Construction Law Monitor

JUNE 17, 2014

Entering into a contract for a construction project with a public entity has strict regulation. This strict regulation is necessary due the past corruption when dealing with public funds. Public jobs are funded by tax-payer money, therefore the process needs to be tightly scrutinized. The exact language of La R.S.

Louisiana 58

Louisiana Materials Contract Lien 58

Construction Law Monitor

JUNE 16, 2014

Entering into a contract for a construction project with a public entity has strict regulation. This strict regulation is necessary due the past corruption when dealing with public funds. Public jobs are funded by tax-payer money, therefore the process needs to be tightly scrutinized. The exact language of La R.S.

Louisiana 40

Louisiana Materials Contract Lien 40

Construction Law Monitor

NOVEMBER 9, 2010

Number Two: Lien and Notice Requirements. The lien laws are there to protect folks, but it seems that every state in the Union is a bit conflicted about who the laws are designed to help. In some states, the law is construed in favor of the lien claimant and against all other parties. Number Three: Pay When Paid Clauses.

Legal 71

Legal Lien US Contract 71

Best Practices Construction Law

JUNE 18, 2018

Currently, the law states that if you exceed your licensing limit or otherwise violate some provision of the licensing laws, you cannot file a lien and your damages will be limited to actual documented expenses proven by clear and convincing evidence. ” In Anchor Pipe Company, Inc. It appears that all of the loops have been closed.

Contractors 59

Contractors Tennessee Documentation Contract 59

Green Building Law Blog

JULY 20, 2012

PACE became a controversial issue in 2010, when the Federal Home Finance Authority (FHFA), the regulator of Freddie Mac and Fannie Mae, issued an order prohibiting Freddie Mac and Fannie Mae from purchasing mortgages with PACE assessments on them. FHFA proposed a rule on PACE financing on June 15, and is available for download here.

Lien 40

Lien Finance Security Regulation 40

Lets Build

APRIL 6, 2022

It’s important for every contractor to understand the laws and regulations regarding retainage in their area. Retainage and mechanic’s liens. As a contractor, you have a powerful tool you can use to collect payment that you’re owed – a mechanic’s lien.

Cash Flow 147

Cash Flow Lien Construction Negotiation 147

Construction Law Monitor

APRIL 10, 2014

The most important distinction between the rules of B2B and B2C is that consumers are much more protected by government regulation. This phase also includes sending out notices and filing liens, in a timely manner and properly. The Fair Debt Collection Practices Act protects the consumer, not businesses. Phases of Collection.

Debt 56

Debt Commercial Accounting Louisiana 56

Construction Marketing Ideas

APRIL 5, 2014

Now, the story will shift to possible amendments to the Construction Lien Act. If they are fortunate, they can even achieve something truly profitable — a legislated monopoly that overrides anti-combine or trust legislation or regulations. You can view these challenges as a game.

North Carolina 66

North Carolina Union Construction Lien 66

Construction Law Monitor

JUNE 6, 2013

For example, if they decide to not pay you but you don’t have your license, you almost definitely do not have any lien rights under the Private Works Act. Construction Contracts Hurricane Licensing Regulations Atlantic hurricane season Contractors License Louisiana Wolfe Law Group'

Contractors 62

Contractors Louisiana Bidding Guidelines 62

Construction Lawyer

FEBRUARY 26, 2012

The architect allegedly ignored safety regulations and altered the home after inspections. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. The fire occurred just two days before filming for a reality TV show was to begin. TrackBack URL for this entry: [link]. Subscribe to this blogs feed.

Illinois 45

Illinois Los Angeles AIA Chicago 45

Construction Lawyer

APRIL 3, 2012

  The trial court was reversed, with the court ruling that it is up to the courts to regulate the practice of law. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. TrackBack URL for this entry: [link]. Does Equitable Estoppel apply to a Municipality? Add me to your TypePad People list.

Arkansas 40

Arkansas Illinois AIA Chicago 40

Construction Law Monitor

MARCH 6, 2012

If a contractor is not properly licensed to be a home improvement contractor, and that contractor is not paid on the home improvement project, that contractor is legally prohibited from filing a lien on the project! ( See La R.S. 37:2175.6 ) This is very important if you are a contractor trying to get paid.

Louisiana 68

Louisiana Contractors Certification Contract 68

Green Building Law Update

JUNE 25, 2017

In the event of a default, the amount in default (but not the entire principal of the PACE loan) is a liability that is a property tax lien collected by the local government with the priority associated with other real property tax liens, so existing mortgage holder acknowledgment of a PACE loan is required.

Maryland 136

Maryland Lien Finance Cash Flow 136

Levelset

JULY 9, 2022

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. Lien waivers. Deep dive : Georgia’s Very Unusual Rules for Mechanics Lien Waivers.

Georgia 52

Georgia Claims Lien Contract 52

Construction and Infrastructure Law

JUNE 11, 2018

The Convention was created to allow and regulate service of process in a foreign country. The court in Rockefeller held that parties cannot enter into a private agreement to circumvent the official service requirements set forth in the Hague Service Convention.

Procurement 40

Procurement Contract California Contractors 40

Green Building Law Update

JANUARY 24, 2016

In the event of a default, the liability is a property tax lien collected by the local government with the priority associated with other real property tax liens, so existing mortgage holder consent is required. There were not similar concerns expressed about commercial loans. Commercial PACE programs are still very new.

Lien 120

Lien Finance Commercial DC 120

Levelset

MAY 25, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as the federal government (and most states) explicitly prohibits private entities from claiming an interest in public property. Learn more about California lien law : California Mechanics Lien Rules & FAQs.

California 52

California Claims Lien Contractors 52

Levelset

MAY 16, 2022

For the most part, contractors aren’t able to file mechanics liens on public projects, unlike with private projects. Rather than filing mechanics liens, public construction projects are required to secure a payment bond prior to work beginning. Payment protection on Florida public projects. Florida bond claims.

Florida 52

Florida Claims Lien Contract 52

Construction and Infrastructure Law

FEBRUARY 6, 2018

As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with their subcontractors for any unpaid wages, fringe benefits and other benefit payments or contributions owed to wage claimants. (..)

California 49

California Contractors Liability Employment 49

Levelset

JULY 7, 2022

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. In some cases, securities, bonds, or other similar instruments may be substituted for retainage.

Oregon 52

Oregon Claims Contract Contractors 52

Levelset

JULY 19, 2022

In the end, your business is a collection of many different processes—from simple phone greetings to deciding whether to file a mechanics lien for non-payment. Failure to comply with building codes and other regulations can result in project delays, steep financial penalties, or a loss of your contractor license.

Cash Flow 52

Cash Flow Accounting Profitability Residential 52

Levelset

JULY 18, 2022

In the end, your business is a collection of many different processes — from simple phone greetings to deciding whether to file a mechanics lien for non-payment. Failure to comply with building codes and other regulations can result in project delays, steep financial penalties, or a loss of your contractor license.

Cash Flow 52

Cash Flow Accounting Profitability Legal 52

Levelset

JULY 15, 2022

In the end, your business is a collection of many different processes—from simple phone greetings to deciding whether to file a mechanics lien for non-payment. Failure to comply with building codes and other regulations can result in project delays, steep financial penalties, or a loss of your contractor license.

Electrical 52

Electrical Cash Flow Accounting Profitability 52

Levelset

JULY 22, 2022

In the end, your business is a collection of many different processes — from simple phone greetings to deciding whether to file a mechanics lien for non-payment. Failure to comply with building codes and other regulations can result in project delays, steep financial penalties, or a loss of your contractor license.

Cash Flow 52

Cash Flow Overhead Accounting Profitability 52

Building Information Management

APRIL 24, 2016

The Owner may hold a retainage for completion of any punch list(s) for the estimated cost to complete the punch list and /or release of liens. The Contractor shall be responsible for initiating, maintaining and supervising safety precautions, programs and environmental regulations in connection with the work. Subcontract bid.

Contract 40

Contract Contractors Materials Site 40

Green Building Law Update

JUNE 7, 2020

The title is free and clear of any and all right, title, or interest of the ground lease holder, any lien of a creditor of the ground lease holder, and any person making claims in relation to the ground lease holder. Senate Bill 806/House Bill 1182 (Chs.

Maryland 227

Maryland Leases Housing Commissioning 227