Constructlaw
APRIL 11, 2023
The subcontract contained a pay-if-paid clause that made the city’s payment to Dewberry a condition precedent to Dewberry’s obligation to pay Entech. Entech sued to recover damages based on three unpaid invoices, including a cause of action for foreclosure on a public improvement lien. Here, Entech had no lien law rights.
NH Construction Law
MARCH 28, 2024
It is generally recognized by New Hampshire courts that “[f]ailure to comply with the specific statutory provisions of perfecting a mechanics lien is usually fatal,” Alex Builders & Sons, Inc. Danley , 161 N.H. 19, 23 (2010). Bostwick , 69 N.H. But rarely are such amounts updated in 30-day intervals.
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NH Construction Law
MARCH 26, 2023
When a general contractor or lower tier subcontractor or supplier records a mechanic’s lien attachment on property, security for the lienor’s hoped-for judgment is achieved – but often something more, and perhaps unintended, is achieved. Consolidated Electrical Distributors Inc. Eclipse Construction, Inc. ;
Constructlaw
OCTOBER 20, 2022
A New York appellate court recently affirmed the dismissal of a subcontractor’s counterclaims for delay damages and for unpaid amounts because they were barred by the parties’ no-damage-for-delay provision and executed lien waivers, respectively. Pizzarotti LLC, a construction manager, sued its subcontractor, X-Treme Concrete, Inc.,
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.
Construction Dive
FEBRUARY 13, 2013
By Bruce Jervis It is standard for construction contracts to require that each payment application include affidavits and lien waivers. But it would be a mistake to assume the requirement is mere “boilerplate” of little concern. A recent case out of Mississippi is an example.
Levelset
APRIL 15, 2022
Read a sample subcontract. Digging deeper into company processes for payment, change orders, lien waivers, and more will give you a sense of what to expect while working with them. . Upon receipt of payment, subcontractors must submit an executed lien waiver. Download Mayer Building Company’s sample lien waiver. .
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