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

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

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. No one thinks to ask whether the contractor has pledged its receivables to secure a loan or line of credit.

Security 40

Security Contract Accounting Construction 40

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

Suppose the contractor applied for and got a mechanic’s lien attachment on an ex parte basis in the full amount of his claims (unpaid balance, interest and anticipated attorneys’ fees). 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

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 52

Lien Claims Security Contract 52

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

Construction Law Monitor

APRIL 2, 2015

A mechanic’s lien is a last-resort measure used by construction procurers to obtain payment withheld by a client. In this day and age, however, many clients harbor valid concerns about fraudulent liens, especially considering Louisiana’s loose requirements for filing a mechanic’s lien. Conditional; 2.Unconditional;

Lien 40

Lien Louisiana Procurement Security 40

Construction Law Monitor

APRIL 2, 2015

mechanic’s lien is a last-resort measure used by construction procurers to obtain payment withheld by a client. In this day and age, however, many clients harbor valid concerns about fraudulent liens, especially considering Louisiana’s loose requirements for filing a mechanic’s lien. Conditional; 2.Unconditional;

Lien 40

Lien Louisiana Procurement Security 40

Construction Law Monitor

JANUARY 4, 2012

Over the past holiday season, I was at a Christmas party discussing with a friend of mine who runs an electrical supply company here in South Louisiana, the intricacies of notice provisions before a company like his can file a lien on a private project. My office constantly invalidates liens that were not filed correctly.

Lien 76

Lien Louisiana Leases Equipment 76

Fieldwire

SEPTEMBER 5, 2023

DOCUMENT MANAGEMENT Secure file storage with Fieldwire Learn more → Documents Included In A Payment Application A pay app will typically include several documents that work together. Conditional lien waivers : A lien waiver is a document that waives the signing party’s right to file a mechanics lien.

Lien 98

Lien AIA Documentation Change Orders 98

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

MARCH 21, 2022

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. Restoration contractors have the ability to use mechanics liens to secure payment from property owners. Protect & speed up every payment.

Cash Flow 98

Cash Flow Insurance Lien Management 98

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. The main changes came in the form of simplified notice procedures and lien filing deadlines.

Texas 52

Texas Lien Claims Contract 52

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

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

MAY 31, 2011

may have far-reaching consequences for claimants, property owners and construction attorneys foreclosing mechanic liens. The decision is discussed in substantial detail on my other blog that focuses on mechanic lien laws, the Construction Lien Blog (published by Zlien ). Harold Johnson, et al. Coast Elect. Division I.

Lien 48

Lien Washington Security Concrete 48

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

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. Instead, general contractors on public construction projects have to secure a payment bond prior to the start of work.

New Jersey 52

New Jersey Lien Claims Contract 52

Construction Dive

APRIL 2, 2014

By Bruce Jervis On a private construction project, the most valuable asset available to secure the project owner’s obligations is usually the property under development. The property secures the construction loan that finances the project. With mechanic’s liens, however, it is not so simple.

Lien 52

Lien Security Construction Finance 52

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. However, contractors have to follow certain steps in order to keep their payment rights secure on public works projects.

Washington 52

Washington Claims Lien Contract 52

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. New York City has additional rules for payment protection as well. times the amount owed.

New York 52

New York Claims New York City Lien 52

Construction Dive

JULY 23, 2015

Mechanic’s liens, while primarily utilized today by corporate constructors, were originally designed to provide payment security to individual tradesmen. Featured …Union Trust Had Priority over Secured LendersAgency Not Required to Extend Opened Bids

Claims 48

Claims Lien Union Security 48

Levelset

MARCH 16, 2022

Since subcontractors have bills to pay and interest accruing, the sub has the ability to file a mechanics lien against the property. In the meantime, this mechanics lien can prevent the project owner from securing further financing or from closing on a deal to sell the property. Protect & speed up every payment. Learn more.

Lien 52

Lien Construction Budgeting Budget 52

Construction Dive

JUNE 11, 2014

Payment security may exist in the form of public works payment bonds or private materialman’s liens, but there is a problem. In order to file a bond or lien claim, the seller must know the project into which the goods were incorporated. These payment remedies are not general.

South Dakota 52

South Dakota Lien Claims Products 52

NH Construction Law

FEBRUARY 25, 2023

Banks insist on this as a way to ensure that the mortgages securing their construction loans are supported by enough value on the ground to collateralize repayment. REI Service Corporation , No.

Banking 40

Banking Inspections Construction Lien 40

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. In this guest blog post for Fieldwire, Patrick Hogan explains five common challenges project managers face on construction projects.

Project Management 98

Project Management Management Construction Budgeting 98

Construction Marketing

JULY 11, 2022

As an alternative to surety bonds, some licensing agencies allow contractors to put up the entire bond amount as security. By contrast, if you have bad credit and a spotty history, you might be denied or have to pay a high percentage upfront of up to 10% to 15% to secure your bond.

Contractors 156

Contractors Legal Bidding Contract 156

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? What Does This Mean?

Contract 51

Contract Lien Louisiana Contractors 51

Green Building Law Update

SEPTEMBER 11, 2016

The concept is not new, but nationally including in Maryland, “residential” PACE programs were put on hold as a result of a directive in 2011 that Fannie Mae and Freddie Mac refrain from purchasing mortgage loans secured by properties with outstanding PACE obligations. Commercial PACE programs are still very new.

Baltimore 120

Baltimore Maryland Finance Residential 120

Construction Law Monitor

MAY 14, 2013

There are currently three bills in various stages of the legislative process that would significantly change how different parties secure their rights to payment. Securing and maintaining the proper licensing and registration is incredibly important in the construction world here in Louisiana. Proposed Changes to the Private Works Act.

Louisiana 60

Louisiana Lien Claims Construction 60

Federal Construction Contracting Blog

MAY 9, 2022

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. 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.

Claims 52

Claims Contract Lien Materials 52

Construction Marketing Ideas

MARCH 12, 2016

Secure your payment rights. In North Carolina, that means filing a Notice to Lien Agent as your work begins, informing suppliers of the identity of the lien agent, guarding against double payment liability through the Notice of Contract procedure, and enforcing your lien rights timely, when necessary.

North Carolina 48

North Carolina News Lien Construction 48

Levelset

FEBRUARY 10, 2022

The preconstruction phase helps nail down the materials before the project breaks down, giving the client time to choose several backup options, and the contractor enough time to secure financing and order them so subs aren’t waiting for them to arrive. As a result, it’s best to secure any fees upfront. Learn more.

Risk 52

Risk Feasibility Bidding Budgeting 52

Construction Law Monitor

FEBRUARY 21, 2014

A common example that we blog about here is the, Statement of Claim and Privilege , a Louisiana lien. It is also found in the Louisiana Civil Code under the section Lessors Security Rights, La C.C. Most writs of sequestration require some type of security deposit, but the lessor’s privilege is exempt from this requirement.

Leases 59

Leases Louisiana Lien Security 59

HardHatChat

JULY 7, 2010

Secure the outside of the building and property. Make sure the interior is secure, too. Money – To keep your construction budget in check once the project starts back up you should plan for the following: Secure construction materials so you don’t have to pay twice.

Commercial 166

Commercial Site Construction Security 166

Autodesk Construction Cloud

FEBRUARY 1, 2024

If information is missing, overlooked or there’s no audit trail, contractors could face contract and legal penalties in addition to potential fraud and security issues. In North America, Payapps’ GCPay solution also helps general contractors manage the lien waiver exchange process with their trade partners to speed up the payment process.

Autodesk 87

Autodesk Cash Flow Construction Risk 87