Construction Law Blog

Construction Law Insights

Expert analysis on mechanic liens, bond claims, and payment recovery. Every article reviewed for accuracy by licensed attorneys.

Articles

Unpaid-balance lien states infographic - in unpaid balance lien states you are racing against two deadlines: the statutory deadline to file a mechanics lien, and the moment the owner pays the general contractor in full, which can limit or eliminate your lien rights.
June 26, 2026Guide

Unpaid-Balance Lien States: Why You're Racing Against Two Deadlines, Not One

In an unpaid-balance lien state, the calendar deadline to record your lien is only half the race. The hidden second deadline is the moment the owner finishes paying the general contractor - because that payment can shrink or erase the fund your lien attaches to. This guide explains both deadlines, why subcontractors and suppliers lose money even when they file 'on time,' and the notice-and-timing strategy that protects your leverage.

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Connecticut Mechanics Lien Law guide - the lower-tier notice of intent, the 90-day certificate recording deadline, the 30-day owner-service requirement, the one-year foreclosure and lis pendens deadline, the lienable-fund limit, and contractor registration.
June 20, 2026Guide

Connecticut Mechanics Lien Law: Notices, Deadlines, Lien Rights, and Contractor Registration

Connecticut treats original contractors and lower-tier claimants differently. This guide covers the lower-tier notice of intent, the 90-day certificate recording deadline, the 30-day owner-service requirement, the one-year foreclosure-and-lis-pendens deadline, the lienable-fund limit on subcontractor liens, who can claim, and how Home Improvement Act and New Home Construction registration affect enforcement.

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Delaware Mechanics Lien Law guide - the statement of claim, the 180-day and 120-day filing deadlines, the prior-written-consent rule for tenant work, the $25 threshold, the pleading elements, and contractor registration.
June 20, 2026Guide

Delaware Mechanics Lien Law: Statement of Claim, Deadlines, Lien Rights, and Contractor Registration

Delaware enforces mechanics liens through a strictly construed statement of claim filed in Superior Court. This guide covers the 180-day and 120-day filing deadlines, the prior-written-consent rule for tenant work, the statement-of-claim pleading elements, the $25 threshold, who can claim, and Delaware contractor registration and business licensing.

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Colorado Mechanics Lien Law guide - the 10-day notice of intent, the notice of nonliability, the 4-month and 2-month recording deadlines, the 6-month suit and recorded notice of action, who can claim, and local contractor licensing.
June 20, 2026Guide

Colorado Mechanics Lien Law: Notices, Deadlines, Lien Rights, and Licensing

A full-role overview of Colorado mechanics lien law: the 10-day notice of intent before recording, the notice of nonliability, the 4-month and 2-month recording deadlines, the 6-month suit-and-recorded-notice requirement, who can claim, and why Colorado contractor licensing is mostly local. For a subcontractor-focused deadline walkthrough, see our companion guide.

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California Mechanics Lien Law guide - the 20-day preliminary notice, the 90/60/30-day claim-of-lien recording deadlines, the 90-day foreclosure deadline, contractor licensing under Business and Professions Code § 7031, and lien release issues.
June 20, 2026Guide

California Mechanics Lien Law: Preliminary Notice, Deadlines, Lien Rights, and Licensing

California lien rights are rooted in the state Constitution but depend on early notice and fast enforcement. This guide covers the 20-day preliminary notice, the 90/60/30-day recording deadlines, the 90-day foreclosure deadline, who can claim, how Business and Professions Code § 7031 licensing can defeat a claim, and lien release issues.

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Alaska Mechanics Lien Law guide - the notice of right to lien, the 120-day claim-of-lien recording deadline, the 15-day notice-of-completion trap, contractor registration under AS 08.18, and the 6-month suit-to-enforce window.
June 20, 2026Guide

Alaska Mechanics Lien Law: Notice, Deadlines, Lien Rights, and Contractor Registration

Alaska handles preliminary notice, deadlines, and registration differently from most states. This guide covers the optional but important notice of right to lien, the 120-day claim-of-lien deadline and the 15-day notice-of-completion trap, why Alaska does not use full price vs unpaid balance liens, who can claim, how AS 08.18 contractor registration can bar enforcement, and the 6-month suit/extension window.

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Arkansas Mechanics Lien Law guide - the residential Important Notice to Owner, the commercial 75-day notice, the 10-day notice before filing, the 120-day lien filing deadline, the 15-month foreclosure and lis pendens deadline, and contractor licensing.
June 20, 2026Guide

Arkansas Mechanics Lien Law: Notices, Deadlines, Lien Rights, and Licensing

Arkansas lien rights turn on strict notice compliance. This guide covers the residential Important Notice to Owner, the commercial 75-day notice, the 10-day notice before filing, the 120-day lien filing deadline, the 15-month foreclosure-and-lis-pendens deadline, who can claim, and how contractor licensing under Ark. Code Ann. § 17-25-101 et seq. can bar enforcement.

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Alabama Mechanics Lien Law guide - notice requirements, lien statement deadlines by claimant type (6 months for original contractors, 4 months for subcontractors and suppliers, 30 days for day laborers), full price versus unpaid balance liens, contractor licensing, and the 6-month suit-to-enforce deadline.
June 20, 2026Guide

Alabama Mechanics Lien Law: Notice, Deadlines, Lien Rights, and Licensing

Alabama lien rights turn on notice, short deadlines, and licensing. This guide covers who must give notice and when, the lien statement deadlines by claimant type (6 months, 4 months, and 30 days), full price versus unpaid balance liens, who has lien rights and who does not, how licensing can void a contract and lien, and the 6-month suit-to-enforce window.

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A Florida Notice of Commencement and a Notice to Owner under Florida Statutes § 713.13 posted side by side on a plywood board at a residential construction job site.
June 20, 2026Guide

Florida Notice of Commencement: The Who, What, Why, and How It Connects to Mechanic Liens

Florida's Notice of Commencement is not a lien and not a contract - but it is the gateway document that makes the state's construction lien system work. Here is who records it, what it must contain, when it expires, and how it ties directly to the Notice to Owner and the Claim of Lien.

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Illinois Mechanic's Lien Law infographic - key deadlines to protect subcontractor payment rights: 60-day residential notice (770 ILCS 60/21(c)), 90-day notice (60/24), 4-month lien recording (60/7), 2-year lawsuit deadline (60/9), plus public-works fund notice and 90-day complaint deadlines (60/23).
June 16, 2026Guide

How an Illinois Subcontractor Protects the Right to Get Paid: The 90-Day Notice, the 4-Month Recording Deadline, and the 2-Year Suit Window

Illinois subcontractors and suppliers protect payment rights by serving the 90-day notice, recording within 4 months to protect priority, and filing suit within 2 years. This guide explains the deadlines, residential traps, trust-fund issues, and public-works alternatives.

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Colorado Mechanic Lien Law infographic - who has lien rights, the trust fund protections, and the lien deadlines: serve the Notice of Intent at least 10 days before filing, record the Lien Statement within 4 months, file suit within 6 months, plus the optional Notice Extending the Time to File.
June 16, 2026Guide

How a Colorado Subcontractor Protects the Right to Get Paid: The Notice of Intent, the 4-Month Lien Deadline, and the 6-Month Suit Window

Colorado subcontractors and suppliers usually protect payment rights by serving a Notice of Intent, recording a lien within 4 months, and filing suit within 6 months. Here is how the deadlines work, what commonly goes wrong, and how public-works bond claims differ.

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Miller Act Payment Bond Claims on Federal Projects - National Lien & Bond guide to the 90-day notice and one-year suit deadlines.
June 4, 2026Guide

The Miller Act Deadlines That Decide Whether You Get Paid on a Federal Project

You cannot lien a federal courthouse, an Army base, or a VA hospital. On a federal construction project the payment bond is your security, and two Miller Act deadlines decide whether you collect: a 90-day notice and a one-year suit window.

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October 16, 2019Guide

Conditional vs Unconditional Lien Waivers (2026 Guide)

A conditional lien waiver releases rights only after payment clears, while an unconditional waiver gives them up immediately. This guide explains the difference, the four California statutory forms, and how to read waiver language before signing.

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December 5, 2019Guide

California 20-Day Preliminary Notice: 2026 Requirements

California's 20-day preliminary notice under Cal. Civ. Code 8200 must reach the owner, general contractor, and construction lender within 20 days of first furnishing. This guide covers the form, required contents, exceptions, late-service consequences, and delivery methods.

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July 15, 2020Guide

California Prompt Payment Act: 2026 Contractor Guide

The California Prompt Payment Act requires owners to pay contractors within 30 days of an undisputed demand, with a 2% per month penalty for bad-faith delay. This guide covers private and public dispute rules, waiver limits, the architect and engineer exclusion, and attorney's fee recovery.

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January 19, 2024Guide

California Mechanics Lien Deadlines (2026 Timing Guide)

California's mechanics lien process turns on timing: the 20-day notice of right to file lien, the contested question of when "completion" occurs, and the 90-day or 60-day window to record the lien afterward.

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December 23, 2019Guide

Construction Back Charges: Owner and GC Defense Guide

A back charge is money you owe back to the contractor you work for, and it's governed by your contract rather than lien law. This guide covers how back charges arise, the most common triggers, and the contract terms worth negotiating to limit them.

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February 27, 2020Guide

Mechanics Lien on Your Property: Owner Response Guide

A guide for unpaid contractors and suppliers on placing a lien to secure a debt. Covers mechanics liens, preliminary notices, notices of intent, filing with the county, and how judgment liens offer a second path to collect.

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September 25, 2016Guide

Preliminary Notice Laws by State: Owner Guide 2026

A preliminary notice secures a claimant's right to later file a construction lien. This guide summarizes which states require preliminary notices, along with the form names and timing periods that apply in each.

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January 22, 2019Guide

Pennsylvania Prompt Payment Act: Owner Defense Guide

The Pennsylvania Prompt Payment Act governs payment obligations on construction projects other than residential projects of 6 or fewer units. This guide covers owner and contractor payment deadlines, interest on late payments, and good faith withholding.

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August 10, 2020Guide

Notice of Intent to Lien: What Property Owners Receive

The Notice of Intent to Lien differs from a preliminary notice in timing and force. This article explains how the preliminary notice keeps owners and contractors informed early, while the Notice of Intent acts as a demand that can trigger enforceable lien rights against third parties.

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Florida's 45-Day Notice to Owner timeline - serve the Notice to Owner within 45 days of first furnishing, record your mechanic's lien within 90 days of last furnishing, and file suit to enforce within one year of recording.
May 3, 2026Guide

Florida's 45-Day Notice to Owner: The Line Between Getting Paid and Closing Your Doors

On a Florida private commercial project, missing the 45-day Notice to Owner deadline destroys your lien rights - and the attorney-fee clause in your subcontract will not save you. A side-by-side story of one missed step worth a million dollars.

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Contractor Bankruptcy: Protecting Your Claim - construction professional reviewing insolvency paperwork with a binder labeled Payment Rights Protected, with a construction site in the background.
September 1, 2025Guide

When a General Contractor Goes Bankrupt, Can a Subcontractor File a Mechanic Lien?

A general contractor's bankruptcy filing can devastate unpaid subcontractors and suppliers. Here is what you need to do immediately to protect lien, bond, and preference positions.

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March 13, 2025Case Study

Breaking Through the Standstill

A first-person account of resolving a stalled New York high-rise project where a window parts manufacturer and general contractor were locked in litigation. The attorney brokered a phased payment plan that broke the deadlock and got the windows installed.

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October 16, 2024Guide

Enforcing Little Miller Act Claims in Tennessee

An explanation of Tennessee Little Miller Act bond claims on public projects of $100,000 or more, including the minimum 25 percent bond requirement, the difference between statutory and common law bonds, the 90-day notice rule, and the six-month suit deadline.

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October 16, 2024Guide

Enforcing Little Miller Act Claims in Arizona

An overview of Arizona Little Miller Act bond claims on public contracts of $100,000 or more, covering the performance and payment bond requirements, the 90-day preliminary notice, and the rule that suit be filed after 90 days but within one year.

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November 11, 2024Guide

How to Enforce Miller Act Claims in Missouri

A walkthrough of filing a Little Miller Act claim on a Missouri public project, covering how to obtain bond information, the 90-day notice expectations, claim deadlines tied to bond terms, and lawsuit timing.

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November 11, 2024Guide

How to Enforce Miller Act Claims in Indiana

An overview of pursuing a Little Miller Act claim on an Indiana public project, including the absence of a preliminary notice requirement, obtaining bond details, the 60-day claim window, and lawsuit timelines that vary by project type.

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November 11, 2024Guide

Steps Required to Enforce Miller Act Claims in Massachusetts

A step-by-step look at Massachusetts Little Miller Act claims on public projects of $25,000 or more, covering preliminary notice for specially fabricated materials, the 65-day notice of claim, proper service, and the one-year suit deadline.

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October 15, 2024Guide

How to Enforce Little Miller Act Claims in Washington State

How subcontractors, sub-subcontractors, and suppliers preserve and enforce a Washington State Little Miller Act claim on public works over $150,000, including the 10-day preliminary notice, the 30-day notice of claim, and bond-driven suit deadlines.

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October 15, 2024Guide

How to Enforce Little Miller Act Claims in Virginia

How subcontractors and suppliers enforce a Virginia Little Miller Act claim on public contracts above the $500,000 and $350,000 thresholds, covering the absence of advance notice, the 90-day notice for remote claimants, and the one-year suit deadline.

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August 12, 2024Guide

The Federal Miller Act: Payment Protection for Construction Subcontractors and Suppliers

The Federal Miller Act protects subcontractors and suppliers on public projects through payment and performance bonds. This post outlines the bond requirements and the notice, claim, and lawsuit steps for pursuing payment.

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August 13, 2024Guide

How to Enforce Miller Act Claims in Pennsylvania

An overview of enforcing a Pennsylvania Little Miller Act claim for unpaid subcontractors and suppliers on public projects, covering the 90-day claim window, required notice content, filing with the surety, and the one-year deadline to sue.

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August 13, 2024Guide

How to Enforce Miller Act Claims in New York

How subcontractors and suppliers enforce a New York Little Miller Act claim on public projects over $100,000, including the 90-day and 120-day claim windows, certified-mail notice requirements, filing with the surety, and the one-year deadline.

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August 13, 2024Guide

Steps Required to Enforce Little Miller Act Claims in Ohio

The steps to enforce an Ohio Little Miller Act claim, covering the 21-day preliminary notice, obtaining bond information, serving a stop notice, the 90-day window to file against the payment bond, and the six-month deadline to sue.

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September 5, 2024Guide

Enforcing Little Miller Act Claims in New Jersey

How first- and second-tier subcontractors and suppliers enforce a New Jersey Little Miller Act claim, including bond-requirement waiver thresholds, the pre-work written notice rule, the one-year statement deadline, and the timing for an enforcement suit.

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September 5, 2024Guide

How to Enforce Miller Act Claims in Georgia

A summary of the procedural requirements for a Georgia Little Miller Act claim on public projects over $100,000, including the 30-day preliminary notice, obtaining bond information, the 90-day claim window, and the one-year deadline to sue.

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September 5, 2024Guide

How to Enforce Miller Act Claims in California

An overview of California Little Miller Act claim enforcement for subcontractors and suppliers, covering the 20-day preliminary notice, obtaining bond information, serving a stop notice, the 90-day claim window, and the six-month deadline to sue.

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September 9, 2024Guide

How Factoring Companies Secure Receivables, and Why You Still Need to Protect Yourself

Factoring can even out cash flow, but it rarely removes your collection risk, and factors secure their advances with a UCC filing against your invoices. This guide explains how factoring works and why you still need to protect your lien and bond rights.

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August 14, 2024Guide

How to Win a Construction Claim

Strategies subcontractors and suppliers can use to get paid without litigation, including documenting plan changes, maintaining good relationships with the GC and owner, watching for pay-if-paid and other contract traps, and understanding mechanics lien laws.

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August 20, 2024Guide

Mechanics Liens Are Key to Secured Payment

Explains how a mechanics lien converts a contractor or subcontractor from an unsecured creditor into a secured one by placing a hold on the real property, and how payment bonds can offer additional protection.

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August 20, 2024Guide

Avoiding Construction Litigation

Why a construction firm should aim to avoid litigation given its cost and intrusiveness, and how strong relationships, clear contracts, mediation, and arbitration can resolve disputes while still protecting payment rights.

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August 21, 2024Guide

Insurance Risks and Indemnification for Subcontractors

Explains the three forms of construction indemnification agreements, how state anti-indemnity statutes limit their enforceability, and why a Certificate of Insurance does not provide additional insured status the way an endorsement does.

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August 21, 2024Guide

Why Subcontractors Must Negotiate Contracts

Why subcontractors and suppliers should negotiate their contracts rather than sign as-is, how to spot killer clauses that shift undue liability, and which protective terms to insist on for timely payment and limited liability.

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August 21, 2024Guide

Avoiding One-Sided Contracts

A detailed look at protecting subcontractors and suppliers from one-sided GC contracts, covering how to negotiate fair terms, spot killer clauses, limit scope of work, secure timely payment, and handle indemnification and insurance risks.

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August 21, 2024News

How to File a Lien and Get Paid in SunPower's Chapter 11 Filing

A short checklist for SunPower creditors on perfecting their lien rights in the Chapter 11 proceeding, covering recording the mechanics lien, noticing perfection of the security interest, and objecting to specific motions to protect collateral.

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August 21, 2024Guide

Your Contract - A Tool, Not a Headache

How subcontractors can use the contract stage to protect their payment rights. Bid realistically, negotiate clear terms for future claims, and stay on top of the paperwork so problems stay small.

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August 21, 2024Guide

Implied Contract Provisions: Termination for Convenience and Prevailing Wages

Construction contracts, especially government contracts, often carry provisions implied by law. This post explains two of the most important: prevailing wage requirements and termination for convenience clauses, and what each means for GCs and subcontractors.

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August 22, 2024Guide

Using a Lien Compliance Program to Help Make Sure You Get Paid

A lien compliance program is a system for tracking what you must do on every job to preserve your payment rights. This post explains how it works, why state and project differences matter, and why diligent use is the key to getting paid.

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August 22, 2024Guide

Using UCC Filings to Secure Contract Payments

When you are too far down the contracting chain to file a mechanics lien, a UCC Article 9 financing statement can still secure your payment. This post explains how a "lien credit" clause grants you a security interest in your customer's lien rights.

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August 22, 2024Guide

Perfecting Your Construction Lien Using a Compliance Program

Securing payment can mean different things depending on whether the project is federal, state, or privately owned. This post walks through Miller Act bonds, Little Miller Act statutes, mechanics liens, and how a compliance program keeps every deadline and requirement straight.

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August 22, 2024Guide

Don't Say Yes Just to Get the Job

Eagerness to win a job can lead subcontractors to sign away fundamental rights. This post identifies dangerous contract clauses to watch for, from lien waivers to attorneys' fees provisions, and explains how a contract rider can level the playing field.

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August 22, 2024Guide

The Negotiation Equation - Your Key to Payment

Emalfarb Law's Negotiation Equation reduces payment leverage to a simple formula: Transaction plus Power equals Payment. This post explains each variable and how a strong contract combined with preserved legal rights puts you in a better position to collect.

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August 28, 2024Guide

Getting Paid Even When You Can't File a Lien

Mechanics liens are not available in every situation. This post lays out alternative payment strategies, including breach of contract suits, payment bond claims, joint check agreements, state trust fund and prompt payment laws, retainage rules, and equitable remedies.

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January 18, 2024Guide

Understanding the deadlines for enforcing Mechanic's Lien and Payment Bond Rights in Canada and its provinces.

A breakdown of construction lien recording deadlines across Canada's provinces and territories, from the 45-day filing window in most jurisdictions to Ontario's 60 days and Quebec's 30 days, plus how holdbacks work as lien security.

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August 9, 2024News

How to File a Lien and Get Paid in SunPower's Chapter 11 Filing

A practical guide for solar installers and subcontractors seeking payment after SunPower's Chapter 11 filing, covering steps such as filing a proof of claim, reviewing contracts, securing claims with a mechanics lien, and coordinating with other creditors.

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September 20, 2016Guide

10 Ways a Mechanics Lien Gets You Paid

A mechanics lien is one of the most powerful payment-security tools available to contractors, subcontractors, and suppliers. Here are ten ways a properly perfected lien pressures owners and lenders to pay.

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October 4, 2013News

Illinois 2d Appellate Court Rules in Favor of Subcontractors

The Illinois Appellate Court held the Village of Antioch liable to a subcontractor under the Public Construction Bond Act for failing to procure a payment bond, applying the four-year contract limitations period. A Petition for Leave to Appeal was granted.

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November 22, 2013News

Mechanics Lien update

Oklahoma amended its lien statutes (H.B. 1087) to explicitly allow profit and overhead as permissible components of a lien claim, resolving prior court interpretations that limited recovery to actual costs. The revision takes effect November 1, 2013.

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December 6, 2013Guide

Mechanics Liens to Bad debt - a demand letter - can get you paid

Explains how an attorney demand letter can turn a non-paying construction account into a paying one by signaling seriousness and prioritizing the invoice, often before resorting to a mechanics lien or litigation.

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July 20, 2016Guide

Top 10 Construction Lien Errors

Walks through the ten most common construction lien mistakes, including missing the filing deadline, naming the wrong owner, misdescribing the property, exaggerating amounts owed, improper service, failing to serve required parties, and letting the lien expire.

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January 18, 2017Guide

2017's Top Twelve Legal Tips for Contractors and Suppliers

A month-by-month guide to twelve legal practices for contractors and suppliers, covering lien waivers, contract remedies, job verification, preliminary notice and bond deadlines, compliance tracking, recordkeeping, negotiation, documentation, and getting experienced help.

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February 6, 2017Guide

What is a Joint Check Agreement?

Explains what a joint check agreement is and how it ensures payment flows down the construction chain to suppliers, including how reliance and promissory estoppel let courts enforce these agreements.

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February 21, 2017Guide

What is a Mechanics Lien on a House?

Covers what a mechanics lien on a house is, how foreclosure and lien priority work, who is eligible to file, and the steps a homeowner can take to remove or prevent a lien.

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February 28, 2017Guide

Mechanics Lien + The Power Of Favorable Standard Terms And Conditions = Payment For The Sub And Supplier

Argues that a well-drafted contract with favorable standard terms and conditions, combined with timely compliance with state mechanics lien law, gives subs and suppliers leverage to secure payment on a defaulting project.

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March 21, 2017Guide

How To Choose The Right Construction Lawyer

Offers guidance on selecting a construction lawyer, stressing state-specific experience, multi-state capability, preparing documents for the initial consultation, and discussing budget and expectations up front.

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April 4, 2017Guide

7 tips to Improve Standard Terms and Conditions for Construction Work

Lists seven elements to review in construction standard terms and conditions, including lien waivers, change orders, dispute resolution, insurance, and the relationship of the parties, plus the core scope and payment details a contract should spell out.

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May 3, 2017Guide

7 Things to Consider When Filing a Lien

Seven things to check before filing a lien in any state, including licensing, foreign corporation registration, notice and filing rules, indemnification clauses, prompt payment laws, required lien details, and tracking the deadline to follow up.

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May 8, 2017Guide

What is a Partial Waiver of Lien and How Can it Affect You?

Explains what a partial waiver of lien is and how it works, including how a progress payment waives a corresponding portion of lien rights and the difference between conditional and unconditional waivers.

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May 22, 2017Guide

What Does a Mechanics Lien Lawyer Actually Do to Help You?

Describes how a mechanics lien lawyer helps contractors and suppliers, from setting up a process to track invoices and notices to filing the lien, notifying the proper parties, and negotiating a settlement after the claim is filed.

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May 29, 2017News

Lien Law Update: Millions of Dollars of Mechanics Liens Filed on Major Projects

A monthly lien law roundup covering mechanics liens filed amid the Westinghouse bankruptcy on the VC Summer and Vogtle nuclear projects, a contractor's increased lien on a Norwalk theater, and a Third Circuit ruling on liens and the bankruptcy automatic stay.

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June 5, 2017Guide

Four Lien Processes Credit Managers Should Automate to Make Life Easier

Four lien-related processes a construction credit manager can automate: preliminary notices, lien filing deadlines, legal compliance records, and project documentation. Automating these tasks helps track multi-state deadlines and preserve payment rights.

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June 17, 2017Guide

Construction Contracts: 5 Things You Need to Know

Five key terms construction professionals should review in their contracts: scope of work, payment terms, schedule of work, warranty limits, and dispute resolution. Each affects payment rights and how disputes get handled.

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July 3, 2017Guide

Construction Law 101: What Law Really Applies to Construction Projects in Your State?

An overview of how state-specific construction law shapes a contractor's business, covering licensing, insurance, mechanics liens, and collections, plus when to consult a construction attorney and how environmental and public-project rules apply.

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July 10, 2017Guide

How to Verify Job Information Before Starting Construction Work

How to collect and verify job information before starting construction work, including property owner and prime contractor details needed for invoicing and mechanics liens, and how to confirm ownership through county records.

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July 17, 2017Guide

How to Run a Successful Collection Call

Practical tips for making a collection call on an overdue construction invoice: prepare and practice, stay professional, build rapport, find out why payment is late, and secure a specific commitment while watching your lien deadline.

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July 24, 2017Guide

5 Must Have Tools for Construction Office Managers

An overview of five tools that help construction office managers handle invoicing, project tracking, lien deadlines, and bond claims, including CE Tech Trends, ConAppGuru, PandaDoc, FieldLens, and Smartsheet.

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August 14, 2017Guide

Construction Mediation and Arbitration: What is it and how do you do it?

Explains the two main forms of alternative dispute resolution in construction. Mediation is a non-binding facilitated discussion, while arbitration produces a binding, enforceable ruling. Both are often selected in the construction contract.

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August 28, 2017News

Lien Law Update: Cities, Business, and States Caught Up in Construction Conflicts

A roundup of construction law developments, including a court order to sell a Pendleton, SC mill over a mechanics lien, a lien against city-owned property in Joplin, MO, California's proposed SB 2 document tax, and a Boston shadow-law dispute.

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September 5, 2017Guide

What to do When a Lien Just Isn't Enough and You Need a Lien Lawyer's Help?

Describes situations where a lien lawyer adds value beyond a basic filing, including bankruptcy or multi-state projects, negotiations, bond company dealings, complex liens, and setting up payment-tracking business processes.

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September 11, 2017Guide

How Long Does a Lien Last?

A mechanics lien does not last forever. Lien lifespans vary by state and project from as short as six months to as long as six years, and you must foreclose or release the lien before it expires.

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September 25, 2017Guide

5 Main Problems in the Construction Industry in the USA

Construction businesses face five recurring challenges: operating capital and cash flow, planning and growth, project complexity, finding skilled labor, and the push toward sustainability. Each one affects a company's margins and stability.

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October 3, 2017Guide

Power Negotiation: Effective Legal Tools to Achieve Settlement Out of Court

Settling a construction dispute out of court saves time, costs, and frustration. The formula of a solid contract plus mechanics lien protection plus prompt payment statutes puts you in a position of power to negotiate payment.

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October 9, 2017Guide

Understanding Retainage - And its Alternatives

Retainage is money withheld by an owner or general contractor until a project is substantially complete, often around ten percent. This post explains how retainage works and reviews alternatives such as performance bonds, trust accounts, and other security.

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November 6, 2017Guide

What Is a Project Compliance Checklist and How Can it Help Construction Companies Get Paid?

A project compliance checklist helps a construction business take the steps needed to get paid. Key elements include corporate registration and licensing, contract review, job sheet details, and bond paperwork captured before work begins.

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November 13, 2017Guide

Advanced Credit and Collection Tools for Credit Professionals In Construction

Construction collections involve complex payment chains. This post reviews credit and collection tools including joint check agreements, credit agreements, bonds, retainage, and lien waivers that help businesses secure payment.

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November 20, 2017Guide

5 Tips for Filing Liens in More Than One State

Working across state lines means complying with each state's construction laws. These five tips cover professional licensing, project start dates, preliminary notices, filing timelines, and tracking liens after they are filed.

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November 27, 2017News

November Lien Law Update: Lawmaker wants to close property lien loophole

A roundup of lien law developments, including a Michigan proposal requiring proof of licensing before filing, a multimillion-dollar foreclosure fight at Colorado's Aspen Club, a Tennessee law targeting fraudulent liens, and Texas liens on a resin plant.

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December 4, 2017Guide

Subcontractors: Get Paid by the End of the Year

Year-end tips for subcontractors who want to collect outstanding invoices before the books close: send invoices out early, automate invoicing and collections, and implement a late payment fee policy heading into the new year.

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December 11, 2017Guide

Protecting Your Construction Business with a Joint Check Agreement

A joint check agreement requires multiple parties to sign a payment check before it can be deposited, helping protect subcontractors and suppliers. The level of protection depends on the wording, especially pay-if-paid versus pay-when-paid clauses.

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January 5, 2018News

Essential Lien Law Updates to Close out the Year

A year-end roundup of lien law developments, including Wisconsin legislation that converts a mechanics lien into a bond claim, mounting lien claims on a large Minnesota solar project, and a withdrawn lien on Intel's Oregon chip factory.

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January 11, 2018Guide

How to Overcome Key Challenges with Illinois Vendor Payment

Illinois carried a multibillion-dollar backlog of unpaid vendor bills, including money owed to construction companies. This post explains how contractors can check payment status, use the Vendor Assistance Program, and protect their right to payment.

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January 29, 2018News

January Lien Law Update: Liens show unpaid construction bills at Hall of Fame Stadium, Solar Projects

A January roundup covering $5.7 million in liens at the Tom Benson Hall of Fame Stadium in Ohio, plus two cases where Florida and Utah homeowners faced supplier liens after solar contractors failed to pay for materials.

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February 12, 2018Guide

How the Right Indemnification Clause Can Reduce Your Risk as a Subcontractor

Indemnification clauses shift responsibility for legal costs and liability between parties on a construction project. This post explains what indemnification means for subcontractors and how the clause can be drafted to limit their exposure.

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April 30, 2018News

Lien Law Update: Environmental Bulkhead sues Bilwin over Tuckahoe hotel project | Another lien filed on medical marijuana growing facility

April's lien law roundup covers Environmental Bulkhead's retainage suit against Bilwin over a Tuckahoe Marriott project, a foreclosure on the Hermitage Club's Vermont inn, and a second lien filed on an AGRiMED medical marijuana facility in Pennsylvania.

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May 28, 2018News

Lien Law Update: Changes to the Law on Obtaining a Mechanics Lien in Iowa

May's lien law roundup notes Iowa's repeal of a provision that blocked liens where a contractor held other collateral, effective July 1, 2018, plus back-tax and lien troubles at Knoxville Center Mall and an undisclosed lien on a Menomonee Falls home.

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June 25, 2018News

Lien Law Update: Cappelli Company Wins Ruling for $250K Mechanics Lien | Mortgage Vs. Mechanics Lien Priority Issues In Indiana | More

June's lien law roundup highlights a New York ruling that pre-construction services support a $250K Cappelli lien, an Indiana decision giving a non-traditional mortgage priority over a mechanics lien, and a New Hampshire ruling allowing a lien despite signed waivers.

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July 23, 2018Guide

When, How, and Why - Construction Litigation

Explains when construction litigation tends to arise, how a case progresses through discovery, motions, settlement attempts, and trial, and the reasons some companies choose to litigate disputes.

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July 30, 2018News

Monthly Lien Law Update: Prominent Houston Hotelier Slapped with $20M Lien

July's lien law roundup covers Tellepsen's $20M lien on Houston's Post Oak hotel tower, a sharp decline in North Carolina construction disputes and lien filings, and the ongoing Swinerton dispute over a Sacramento high-rise.

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July 11, 2019Guide

Performance Bonds - The Ins, Outs, and How They Affect You on a Public Construction Project

Explains how payment and performance bonds work on public construction projects. Since you cannot file a mechanics lien on public work, a bond claim and in many states a lien on public funds become the route to payment.

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January 23, 2013News

Illinois Mechanic Lien Statute Strengthened

House Bill 3636, effective immediately upon passage on January 7, 2013, clarifies that a prior encumbrancer's lien is not preferred to the value of subsequent improvements, strengthening priority for Illinois mechanic lien claimants after the LaSalle Bank v. Cypress Creek decision.

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December 9, 2013Case Study

Mechanics Lien California - Prompt Payment

In McAndrew v. Hazegh, the California Court of Appeal held that the prompt payment penalties under Civil Code section 3260 did not apply because the lump sum contract provided for neither installment payments nor retention.

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March 6, 2017Guide

Does the Prompt Payment Act Get You Paid Faster?

Prompt payment acts require payment down the contracting chain within set time frames, often 7 to 14 days after the level above is paid. This overview explains how the acts work and the penalties that apply when payment is late.

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June 29, 2017News

Lien Law Update: Minnesota Court Rules Attorney Serving Notice of Lien Not Immune from FDCPA Requirements

A roundup of lien law developments: a Minnesota ruling that an attorney serving a lien notice as a debt collector must comply with the FDCPA, a contractor lawsuit over the stalled Las Vegas Alon project, and Indiana electronic recording and fee changes.

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August 2, 2017Guide

What are the Notice of Commencement Requirements in Florida and Georgia?

Florida and Georgia both require a notice of commencement, but the rules differ. This guide compares who files, the filing and posting requirements, and how the notice affects subcontractor and supplier notice deadlines in each state.

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January 22, 2018Guide

What is a Surety Bond and How Can it Help Ensure Prompt Payment on Your Project?

A surety bond sets aside funds or resources to serve as security on a construction project. This guide explains payment and performance bonds, when they are required, and how to make a bond claim if payment is not made.

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June 23, 2016Guide

Recovery of Attorneys Fees in Miller Act Claims

The Miller Act is silent on attorneys' fees and interest against sureties. This post explains how courts treat fee recovery, the role of contract fee clauses, and when state statutes allow fees on payment bond claims.

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October 23, 2017Guide

Disaster Recovery Updates for Construction Professionals in Florida, Texas, and Puerto Rico

After Hurricanes Harvey, Irma, and Maria, contractors rebuilding in Texas, Florida, and Puerto Rico face payment delays tied to insurance and FEMA. This post covers preliminary notice rules, bond gaps on disaster work, and how to protect payment rights.

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August 16, 2020Guide

When the Contractor Refuses to Pay the Subcontractor

When a general contractor will not pay, the subcontractor has to protect its rights through the contract and, when necessary, a mechanics lien. This guide walks through the contract, documentation, an informal resolution attempt, and the notice of intent to lien.

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September 22, 2020Guide

What Are Liquidated Damages in a Construction Contract?

Liquidated damages set the amount owed on a breach inside the contract itself, as a fair estimate of losses that are hard to measure. This guide explains when a liquidated damages clause is valid, the role of substantial completion, and how the amount is determined.

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November 10, 2020Guide

The Key Elements of an Enforceable Contract for a Construction Project

Every construction contract rests on four elements of formation, a clear scope of work, and clear payment terms. This guide breaks down what makes a construction contract enforceable and what to watch for before you sign.

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August 30, 2020Guide

How a Schedule of Values Can Work Later for Your Lien Enforcement

The schedule of values is the budget for the entire project, and it becomes one of your most important documents when a payment dispute turns into a lien claim. This guide explains what it is, what it means for you, and how it strengthens a mechanics lien.

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August 27, 2018News

Monthly Lien Law Update: Stadium Liens in Florida | Pipeline Construction Delayed by Legal Challenges

August lien law roundup: a subcontractor's collection action over painting work at Florida's TIAA Bank Field, a court setback for the Keystone XL pipeline, and a construction pause on the Atlantic Coast Pipeline.

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November 11, 2018Guide

Is My Job Bonded? Payment Bond Claims on Federal, State and Commercial Projects

Most large commercial jobs, along with federal and state work, carry payment bond protection. This post explains the difference between a lien and a bond, how to find out if a job is bonded, and why enforcing both rights helps you get paid.

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November 27, 2018Guide

Drafting a Strong Subcontractor Agreement- The Key Formula to Get You Paid

A short introduction to Hal Emalfarb's approach to subcontractor agreements, built on the formula Transaction plus Power equals Payment, aimed at helping contractors get paid on every job.

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December 4, 2018Guide

Do Mechanics Lien Provide Bankruptcy Protection?

Mechanics liens remain enforceable when a party to a project files for bankruptcy. This post explains the automatic stay, when to file a notice with the bankruptcy court, and how a secured lien ranks for payment.

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December 12, 2018Guide

Filing a Lien After Bankruptcy: Remedies That Protect Suppliers and Subcontractors

When a property owner files for bankruptcy, a supplier or subcontractor can still file a mechanics lien and recover. This post covers the secured-debt position, the automatic stay, and the steps to protect lien rights.

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February 5, 2019Guide

The Differences and Similarities Between Unenforceable and Exculpatory Clauses

Construction contracts often contain exculpatory clauses and unenforceable clauses, and sometimes both at once. This post defines each, explains when they overlap, and shows how they apply to lien waiver forms.

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March 5, 2019Guide

Everything You Need to Know About Severability Clauses in a Construction Contract

A severability clause keeps a construction contract in force when one provision is found invalid. This post explains how these clauses work, the risks of standard versions, and when to modify the language.

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March 17, 2019Guide

3 Key Details of Lien Waivers in Florida

Florida lien waivers have features that surprise contractors: advance waivers are unenforceable, statutory forms are optional, and notarization is not required. This post explains three key details for working in the state.

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April 21, 2019Guide

When Should You Hire a Lien Attorney?

Knowing when to bring in a lien attorney can save money and protect payment rights. This post covers the warning signs, from entering a new state or market to late payments and an owner who refuses to pay.

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April 30, 2019News

Monthly Lien Law Update: Lien laws keep changing as they become more important as a payment protection

April roundup of construction payment news: Merrill Steel's $278 million lien on the Las Vegas Raiders stadium, Saskatchewan's move to modernize its lien laws after Ontario, and several Texas bills affecting mechanic's lien filing.

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May 15, 2019Guide

How to Decide if You Need a Local or National Lien Service

Weighs when a local lien preparation service makes sense versus a national one. Local services know the regional market, while a national service is more efficient if you file in two or more states.

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May 29, 2019News

Monthly Lien Law Update for May

May roundup covering Arizona's expansion of subcontractor lien rights to 130% of the preliminary notice amount starting December 31, 2019, and an Iowa demolition company's lien priority fight against an earlier-recorded mortgage.

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June 26, 2019News

Monthly Lien Law Update for June

June roundup covering Keystone XL subcontractor liens on Meade County property, a New York Court of Appeals ruling letting lease terms alone infer landlord consent for tenant build-out liens, and US Virgin Islands hurricane-repair liens.

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July 17, 2019Guide

Top 3 Lien Challenges for Large Construction Firms

Covers the three biggest lien-management challenges for large construction firms: working across states with different notice rules, tracking enforcement deadlines on many liens at once, and handling private versus public projects.

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July 30, 2019News

Monthly Lien Law Update: July 2019

July roundup featuring a Massachusetts appeals court holding that a letter of intent can qualify as a contract for lien purposes, and a $7.7 million Turner Construction lien on a Denver hotel that the owner is fighting as excessive.

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August 13, 2019Guide

Ensure Final Payment - The Actions You Can Take

A final payment checklist for construction projects: confirm other parties have met their obligations, verify mechanics liens are properly released, track the owner walk-through list, set time frames, and get sign-off from finance.

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August 16, 2019Guide

What Construction Contractors Can Do to Avoid Litigation

Most construction conflicts can be resolved without going to court. This guide covers how dispute resolution clauses, protected lien rights, requests for information, and proactive communication help contractors reduce the chance of litigation.

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August 28, 2019News

Monthly Lien Law Update: August 2019

August 2019 lien law roundup covering an Oregon ruling on when a change order restarts the lien filing deadline, a $3 million Pennsylvania pipeline lien, and proposed Tennessee changes to subcontractor notice periods and retainage.

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September 5, 2019Guide

Do lien rights exist against the property or the leasehold?

When you work for a tenant on a build-out, your lien may attach to the entire property or only the lessee's leasehold interest. This article explains how lease terms, owner consent, and state limits determine which, and how to protect your rights.

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September 15, 2019Guide

Construction Variation Claims: When & How to Make a Compelling Claim

Change orders and variation claims let contractors recover added cost or time when unforeseen events arise. This guide walks through reading your contract terms, giving prompt written notice, documenting the claim, and showing the cause was outside your control.

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September 28, 2019News

Monthly Lien Law Update: September 2019

September 2019 lien news covering PG&E bankruptcy fallout that left over 900 Sacramento County homes with mechanic liens, and the Penn Dutch market closures in South Florida that triggered more than $75,000 in construction liens.

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October 9, 2019Guide

7 Facts You Should Know About Mechanics Lien in New York

Seven facts contractors and suppliers should know before filing a mechanics lien in New York, including service rules without preliminary notice, the 4-month and 8-month deadlines, who is qualified to file, and landscaper lien rights.

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October 22, 2019Guide

5 Things You Need to Know About Mechanics Lien in Ohio

Five things contractors and suppliers should know about Ohio mechanics liens, including the Notice of Furnishing and Notice to Commence Suit rules, the 60-day residential and 75-day commercial deadlines, and Ohio's limits on interest and attorney's fees.

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October 30, 2019News

Monthly Lien Law Update: October 2019

October 2019 lien news covering a Michigan ruling that lien amounts cannot include consequential losses, more than $13 million in liens against a Kentucky hemp processing facility, and a $255,000 electrical lien on a new Maine vocational school.

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November 5, 2019Guide

What are Payment and Performance Bonds?

Payment and performance bonds protect contractors and suppliers on government and many private projects without a mechanics lien. This guide explains how each bond works, the Miller Act and Little Miller Act requirements, and how bond claims are filed.

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November 19, 2019Guide

Construction Retainage and The Necessary Steps for Getting Paid

Retainage is the percentage of each payment withheld until your work is complete. This guide walks through the punch list, project documents, final invoice, and lien release affidavit you must clear to get those funds released.

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November 26, 2019News

Monthly Lien Law Update: November 2019

November 2019 roundup of construction payment disputes: an Oklahoma ruling that staffing services are not subcontractor labor, a Virgin Islands STEP recovery foreclosure tied to bond rights, and a $4.2 million HVAC lien against a New York medical center.

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December 15, 2019Guide

Private Project Performance Bonds VS Mechanics Lien

Payment and performance bonds aren't just for public work. This guide explains how private project bonds operate, what the surety does when a contractor fails to perform or pay, and how a bond claim compares to filing a state mechanics lien.

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December 31, 2019News

Monthly Lien Law Update: December 2019

December 2019 roundup of mechanics lien disputes: an Indiana waste facility's bond funding clouded by a $5.5 million lien, Kansas wind farm liens hitting landowners who leased their property, and a Garapan casino contractor told to amend its filings.

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January 14, 2020Guide

Filing a Lien to get paid for your work

A mechanics lien is a recorded claim against the property where you worked, giving you the right to have it sold to satisfy what you are owed. This overview covers the three core requirements every state shares: proper notice, accurate information, and meeting deadlines.

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January 30, 2020News

Monthly Lien Law Update: January 2020

January 2020 roundup of construction payment news: a New York Irish Cultural Center unable to pay its bills while awaiting a state grant, a Tallahassee project restarting after a loan settles its liens, and Kansas wind farm liens raising concern in Texas.

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February 28, 2020News

Monthly Lien Law Update for February 2020

February 2020 lien news: more than $27 million in mechanics liens filed against Philadelphia's Comcast Technology Center amid a developer-contractor dispute, and a Santa Barbara builder's fraud case where only the lien filers got paid.

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April 3, 2020News

Covid-19 Lien Law Status April 2020

An April 2020 special edition covering how the pandemic disrupted lien filings: roughly 1,000 recording offices closed or limited, Maryland courts pausing lien foreclosures, Ontario suspending all lien deadlines, and a New Jersey clerk halting lien filings.

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May 1, 2020News

Lien Law Update May 2020

May 2020 update on the industry reopening: Pennsylvania allowing in-person construction to resume May 1 as suspended lien deadlines restarted, and Colorado's Aspen Club project securing new financing to pay timely-filed mechanic liens and exit bankruptcy.

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September 16, 2020Tutorial

How to file a mechanics lien in Illinois and get paid

A step-by-step walkthrough of the Illinois mechanics lien process: the 90-day notice of intent, the verified lien with its affidavit and legal description, filing with the county Recorder of Deeds, and the 2-year window to enforce.

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September 29, 2020News

Monthly Lien Law Update: September 2020

September 2020 lien news: a federal court grants USA Fanter over $2 million in liens on a Mariana Islands casino, a look at California's Stop Work Notice law as leverage, and how Illinois and Missouri differ on liening multiple buildings.

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October 11, 2020Guide

Can waivers of lien form get you paid or not?

An explanation of the four lien waiver forms (final or partial, conditional or unconditional), when to use each, and the cardinal rule never to sign an unconditional waiver before payment clears, plus how exceptions and through-dates affect your rights.

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October 29, 2020News

Monthly Lien Law Update: October 2020

October 2020 update: a survey shows nearly 40% of contractors unchanged by COVID-19 even as lien claims surged 63% year over year, plus Georgia's new lien waiver rules under Act 576 and Alberta's prompt payment legislation, both effective in 2021.

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November 20, 2020Guide

Limit Your Exposure, Take Advantage of FlexPay, Protect & Collect**

An overview of National Lien & Bond's collection services for builders, contractors, and suppliers, including no upfront pre-litigation costs, lien and payment bond filing, fee caps tied to settlement, and a single nationwide point of contact.

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November 29, 2020News

Monthly Lien Law Update: November 2020

November 2020 update covering the incoming administration's likely regulatory freeze, a New York ruling that courts cannot summarily discharge a lien over its amount under Lien Law 19(6), and millions in liens against developer Park7 on a Denton student housing project.

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December 13, 2020News

Webinar: Protect what you are owed in turbulent times

A webinar on protecting construction and mechanic's lien rights during the pandemic, covering how to verify lien rights, get paid on every job, and adapt to new trends in construction law.

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December 31, 2020News

2020 Lien Law Recap

A year-end recap of 2020 construction and mechanic's lien developments, including the pandemic's impact on the industry, a national spike in lien filings, the election, and Georgia's lien waiver law changes.

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June 1, 2022Guide

5 Important Facts About California Mechanics Lien Law

Five key facts about California mechanics lien law, covering who can file, the preliminary notice of right to lien, preparing the lien, and filing and serving it with the county recorder.

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August 20, 2018Guide

What is a Notice of Commencement?

A notice of commencement formally sets the start date of a project and is filed by the owner or prime contractor. This guide explains where it is required or optional, how it affects lien deadlines, and what subcontractors need to know.

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December 19, 2018Guide

3 Reasons State and Federal Prompt Payment Acts Are Vital for Your Construction Business

The federal Prompt Payment Act sets maximum payment timelines on government projects and most states have similar laws. This article covers three reasons the acts matter: accountability, defining satisfactory completion, and interest on late payments.

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April 10, 2019Guide

Projects in Multiple States? Check to See if a Notice of Completion Matters for You

Notice of Completion laws can sharply shorten the window to file a mechanic's lien, and the rules differ widely by state. This article explains how the notice works, why you must watch public records, and how some states use the term Notice of Cessation instead.

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May 10, 2019Guide

A 2 Minute Guide to Lien Notice Laws in All 50 States

A quick cheat sheet on lien notice requirements across all 50 states, breaking down which states require a Notice of Right to File a Lien, which require a Notice of Intent, the timing difference between them, and how names and rules vary.

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August 21, 2019Guide

When does a preliminary notice need to be served twice?

Contractors who treat every preliminary notice the same can lose their lien rights in two-notice states. This article explains the difference between a Notice of Right to File a Lien and a Notice of Intent to File Lien, and how to tell whether a state requires both.

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September 10, 2020Guide

How Important is Filing a Notice of Commencement in Michigan?

Michigan requires a Notice of Commencement filed with the registrar of deeds and posted at the worksite. This guide explains how subcontractors obtain it, the Notice of Furnishing deadline, and what to do when the document cannot be located.

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December 31, 2018Guide

Learn from the Expert: How to Get Paid on a Federal Project (Miller Act Bond)

A short video introduction from Hal Emalfarb on getting paid on federal construction projects using the Miller Act payment bond.

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June 6, 2019Guide

The Little Miller Act: What is it and How is it Relevant to Your Projects?

Public projects require prime contractors to post performance and payment bonds, but Little Miller Act rules vary by state. This post explains bond thresholds, coverage percentages, notice requirements, and filing deadlines for subs and suppliers.

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August 30, 2022Guide

5 Things to Know About Wyoming Mechanics Lien Law

Five things subcontractors and suppliers should know about Wyoming mechanics lien law: who can file, serving the notice of right to lien, preparing the lien, and filing and serving it with the county recorder.

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August 31, 2022Guide

5 Things to Know About Washington Mechanics Lien Law

Five things subcontractors and suppliers should know about Washington mechanics lien law: who can file, serving the notice of right to lien, preparing the lien, and filing and serving it with the county recorder.

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August 31, 2022Guide

5 Things to Know About Virginia Mechanics Lien Law

Five things subcontractors and suppliers should know about Virginia mechanics lien law: who can file, serving the notice of right to lien, preparing the lien, and filing and serving it with the county recorder.

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August 31, 2022Guide

5 Things to Know About Wisconsin Mechanics Lien Law

Five things subcontractors and suppliers should know about Wisconsin mechanics lien law: who can file, serving the notice of right to lien, preparing the lien, and filing and serving it with the county recorder.

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August 31, 2022Guide

5 Things to Know About West Virginia Mechanics Lien Law

An overview of West Virginia mechanics lien basics for subcontractors and suppliers: who can file, when to serve a notice of right to lien, and the steps to prepare, file, and serve a lien to protect the right to payment.

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September 1, 2022Guide

5 Things to Know About South Dakota Mechanics Lien Law

An overview of South Dakota mechanics lien basics for subcontractors and suppliers: who can file, when to serve a notice of right to lien, and the steps to prepare, file, and serve a lien to protect the right to payment.

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September 1, 2022Guide

5 Things to Know About South Carolina Mechanics Lien Law

An overview of South Carolina mechanics lien basics for subcontractors and suppliers: who can file, when to serve a notice of right to lien, and the steps to prepare, file, and serve a lien to protect the right to payment.

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September 1, 2022Guide

5 Things to Know About Tennessee Mechanics Lien Law

An overview of Tennessee mechanics lien basics for subcontractors and suppliers: who can file, when to serve a notice of right to lien, and the steps to prepare, file, and serve a lien to protect the right to payment.

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September 1, 2022Guide

5 Things to Know About Vermont Mechanics Lien Law

An overview of Vermont mechanics lien basics for subcontractors and suppliers: who can file, when to serve a notice of right to lien, and the steps to prepare, file, and serve a lien to protect the right to payment.

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September 1, 2022Guide

5 Things to Know About Utah Mechanics Lien Law

An overview of Utah mechanics lien basics for subcontractors and suppliers: who can file, when to serve a notice of right to lien, and the steps to prepare, file, and serve a lien to protect the right to payment.

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September 2, 2022Guide

5 Things to Know About Oregon Mechanics Lien Law

An overview of Oregon mechanics lien basics for subcontractors and suppliers: who can file, when to serve a notice of right to lien, and the steps to prepare, file, and serve a lien to protect the right to payment.

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September 2, 2022Guide

5 Things to Know About Pennsylvania Mechanics Lien Law

An overview of Pennsylvania mechanics lien basics for subcontractors and suppliers: who can file, when to serve a notice of right to lien, and the steps to prepare, file, and serve a lien to protect the right to payment.

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September 2, 2022Guide

5 Things to Know About Rhode Island Mechanics Lien Law

An overview of Rhode Island mechanics lien basics for subcontractors and suppliers: who can file, when to serve a notice of right to lien, and the steps to prepare, file, and serve a lien to protect the right to payment.

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September 7, 2022Guide

5 Things to Know About Oklahoma Mechanics Lien Law

An overview of Oklahoma mechanics lien basics for subcontractors and suppliers: who can file, when to serve a notice of right to lien, and the steps to prepare, file, and serve a lien to protect the right to payment.

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September 11, 2022Guide

5 Things to Know About North Carolina Mechanics Lien Law

An overview of how mechanics lien rights work in North Carolina, covering who can file, serving the notice of right to lien on owners, contractors, and lenders, preparing the lien, and filing it in the county where the property sits.

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September 11, 2022Guide

5 Things to Know About New Mexico Mechanics Lien Law

An overview of how mechanics lien rights work in New Mexico, covering who can file, serving the notice of right to lien on owners, contractors, and lenders, preparing the lien, and filing it in the county where the property sits.

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September 11, 2022Guide

5 Things to Know About Ohio Mechanics Lien Law

An overview of how mechanics lien rights work in Ohio, covering who can file, serving the notice of right to lien on owners, contractors, and lenders, preparing the lien, and filing it in the county where the property sits.

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September 11, 2022Guide

5 Things to Know About North Dakota Mechanics Lien Law

An overview of how mechanics lien rights work in North Dakota, covering who can file, serving the notice of right to lien on owners, contractors, and lenders, preparing the lien, and filing it in the county where the property sits.

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September 13, 2022Guide

5 Things to Know About Nebraska Mechanics Lien Law

An overview of how mechanics lien rights work in Nebraska, covering who can file, serving the notice of right to lien on owners, contractors, and lenders, preparing the lien, and filing it in the county where the property sits.

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September 13, 2022Guide

5 Things to Know About Montana Mechanics Lien Law

An overview of how mechanics lien rights work in Montana, covering who can file, serving the notice of right to lien on owners, contractors, and lenders, preparing the lien, and filing it in the county where the property sits.

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September 13, 2022Guide

5 Things to Know About Missouri Mechanics Lien Law

An overview of how mechanics lien rights work in Missouri, covering who can file, serving the notice of right to lien on owners, contractors, and lenders, preparing the lien, and filing it in the county where the property sits.

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September 13, 2022Guide

5 Things to Know About New Jersey Mechanics Lien Law

An overview of how mechanics lien rights work in New Jersey, covering who can file, serving the notice of right to lien on owners, contractors, and lenders, preparing the lien, and filing it in the county where the property sits.

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September 13, 2022Guide

5 Things to Know About New Hampshire Mechanics Lien Law

An overview of how mechanics lien rights work in New Hampshire, covering who can file, serving the notice of right to lien on owners, contractors, and lenders, preparing the lien, and filing it in the county where the property sits.

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September 13, 2022Guide

5 Things to Know About Nevada Mechanics Lien Law

An overview of how mechanics lien rights work in Nevada, covering who can file, serving the notice of right to lien on owners, contractors, and lenders, preparing the lien, and filing it in the county where the property sits.

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September 16, 2022Guide

5 Things to Know About Massachusetts Mechanics Lien Law

An overview of Massachusetts mechanics lien law for subcontractors and suppliers, covering who can file, preliminary notice of right to lien, preparing the lien, and filing and serving it to protect payment rights.

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September 16, 2022Guide

5 Things to Know About Maryland Mechanics Lien Law

An overview of Maryland mechanics lien law for subcontractors and suppliers, covering who can file, preliminary notice of right to lien, preparing the lien, and filing and serving it to protect payment rights.

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September 16, 2022Guide

5 Things to Know About Michigan Mechanics Lien Law

An overview of Michigan mechanics lien law for subcontractors and suppliers, covering who can file, preliminary notice of right to lien, preparing the lien, and filing and serving it to protect payment rights.

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September 16, 2022Guide

5 Things to Know About Mississippi Mechanics Lien Law

An overview of Mississippi mechanics lien law for subcontractors and suppliers, covering who can file, preliminary notice of right to lien, preparing the lien, and filing and serving it to protect payment rights.

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September 16, 2022Guide

5 Things to Know About Minnesota Mechanics Lien Law

An overview of Minnesota mechanics lien law for subcontractors and suppliers, covering who can file, preliminary notice of right to lien, preparing the lien, and filing and serving it to protect payment rights.

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September 19, 2022Guide

5 Things to Know About Kentucky Mechanics Lien Law

An overview of Kentucky mechanics lien law for subcontractors and suppliers, covering who can file, preliminary notice of right to lien, preparing the lien, and filing and serving it to protect payment rights.

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September 19, 2022Guide

5 Things to Know About Kansas Mechanics Lien Law

An overview of Kansas mechanics lien law for subcontractors and suppliers, covering who can file, preliminary notice of right to lien, preparing the lien, and filing and serving it to protect payment rights.

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September 19, 2022Guide

5 Things to Know About Maine Mechanics Lien Law

An overview of Maine mechanics lien law for subcontractors and suppliers, covering who can file, preliminary notice of right to lien, preparing the lien, and filing and serving it to protect payment rights.

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September 19, 2022Guide

5 Things to Know About Louisiana Mechanics Lien Law

An overview of Louisiana mechanics lien law for subcontractors and suppliers, covering who can file, preliminary notice of right to lien, preparing the lien, and filing and serving it to protect payment rights.

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September 20, 2022Guide

5 Things to Know About Indiana Mechanics Lien Law

An overview of Indiana mechanics lien law for subcontractors and suppliers, covering who can file, preliminary notice of right to lien, preparing the lien, and filing and serving it to protect payment rights.

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September 20, 2022Guide

5 Things to Know About Iowa Mechanics Lien Law

An overview of Iowa mechanics lien basics for subcontractors and suppliers, covering who can file, the preliminary notice of right to lien, what the lien must contain, and where it is filed and served.

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September 21, 2022Guide

5 Things to Know About Idaho Mechanics Lien Law

An overview of Idaho mechanics lien basics for subcontractors and suppliers, covering who can file, the preliminary notice of right to lien, what the lien must contain, and where it is filed and served.

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September 21, 2022Guide

5 Things to Know About Illinois Mechanics Lien Law

An overview of Illinois mechanics lien basics for subcontractors and suppliers, covering who can file, the preliminary notice of right to lien, what the lien must contain, and where it is filed and served.

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September 22, 2022Guide

5 Things to Know About Georgia Mechanics Lien Law

An overview of Georgia mechanics lien basics for subcontractors and suppliers, covering who can file, the preliminary notice of right to lien, what the lien must contain, and where it is filed and served.

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September 27, 2022Guide

5 Things to Know About Delaware Mechanics Lien Law

An overview of Delaware mechanics lien basics for subcontractors and suppliers, covering who can file, the preliminary notice of right to lien, what the lien must contain, and where it is filed and served.

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September 27, 2022Guide

5 Things to Know About Connecticut Mechanics Lien Law

An overview of Connecticut mechanics lien basics for subcontractors and suppliers, covering who can file, the preliminary notice of right to lien, what the lien must contain, and where it is filed and served.

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September 29, 2023News

Protect your Lien rights Nationwide

A reminder to construction companies to safeguard their mechanics lien rights as Chapter 11 filings rise and cash flow tightens, plus an invitation to meet NLB's National Lien Counsel at the 2023 Chicago Build Expo.

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September 22, 2022Guide

5 Things to Know About Hawaii Mechanics Lien Law

An overview of Hawaii mechanics lien basics for subcontractors and suppliers, covering who can file, the preliminary notice of right to lien, what the lien must contain, and where it is filed and served.

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September 27, 2022Guide

5 Things to Know About Arizona Mechanics Lien Law

An overview of Arizona mechanics lien basics for subcontractors and suppliers, covering who can file, the preliminary notice of right to lien, what the lien must contain, and where it is filed and served.

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September 27, 2022Guide

5 Things to Know About Colorado Mechanics Lien Law

An overview of Colorado mechanics lien basics for subcontractors and suppliers, covering who can file, the preliminary notice of right to lien, what the lien must contain, and where it is filed and served.

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November 14, 2019Tutorial

How to File a Mechanics Lien Preliminary Notice in Florida

A step-by-step walkthrough for subcontractors and suppliers on preparing and serving a Notice to Owner in Florida, covering document format, required details, certified-mail service, the 45-day timeline, and who is qualified to file.

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February 14, 2021News

Mechanics Lien Webinar: Learn From National Lien Lawyers How to Secure Your Job Receivables in 2021

A free webinar with NLB general counsel Hal Emalfarb on securing job receivables, covering credit applications, favorable contract terms, statutory and contract notice requirements, and a legal compliance checklist for every contract.

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April 6, 2021News

Cash Flow is King [60 Minute Webinar]

A 60-minute webinar with lien attorneys and a CPA on securing receivables and cash flow in 2021, covering cash flow management, tax incentives, recent legislation, and a legal compliance checklist for contracts.

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November 13, 2021Guide

The Building Blocks of Modular Construction: Contractual and Lien Considerations

An overview of contractual and lien risks to weigh before investing in modular construction projects, covering project incorporation, construction progress, risk of loss, and property insurance.

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December 28, 2021Guide

What Does a Construction Lawyer Do & When Do I Need One?

An overview of what construction lawyers handle and when to hire one, covering payment disputes, contract review, contract violations, and jobsite injury claims.

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February 10, 2022Guide

To Perform Or Not Perform, That Is The Question

A discussion of the choice unpaid contractors and suppliers face between continuing or suspending work, the option to file a lien to recover the balance, and the benefits of hiring a construction attorney in Texas.

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December 21, 2021Guide

A Primer on Stop Notice and Payment Bond Claims

An overview of stop notice and payment bond claim remedies for unpaid contractors and suppliers on California public construction projects, including the 20-day preliminary notice and how each remedy is served.

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December 17, 2021Guide

Your Guide to The Miller Act Vs. The Little Miller Act

A comparison of the federal Miller Act and state Little Miller Acts: required surety bonds, contract amount thresholds, notice and filing deadlines, and how rules differ from state to state for subcontractors and suppliers.

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April 16, 2018Guide

Understanding Washington State Lien Laws

A walkthrough of Washington's private-project mechanics lien rules, including the 60-day notice of right to claim lien, the 90-day filing deadline, the 14-day owner notification, the eight-month enforcement window, and lien waiver cautions.

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May 7, 2018Guide

3 Key Details of Lien Waivers in Illinois

Three things to watch when signing a lien waiver in Illinois, where no statutory form exists: waivers must be by express agreement, cannot be signed before work begins, and do not relieve you of tracking the lien filing deadline.

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May 21, 2018Guide

What is Anti-Indemnity in Construction Law?

Explains indemnification in construction contracts and how anti-indemnity statutes in some states limit or bar broad and intermediate indemnity provisions, plus how courts may modify offending clauses rather than void an entire agreement.

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June 11, 2018Guide

Resolving Construction Disputes Between Subcontractors and GCs

Compares the four main paths for resolving disputes between general contractors and subcontractors: negotiation, mediation, arbitration, and litigation, with contract review recommended as the first step.

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June 18, 2018Guide

Taking a Project Owner to Arbitration

Weighs the benefits and disadvantages of arbitrating a construction dispute with a project owner, including speed, privacy, chosen arbitrators, and looser evidence rules against the loss of appeal rights in binding arbitration.

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August 6, 2018Guide

Lien Laws by State - What are the Key Differences Between States?

When construction work crosses state lines, lien laws change with it. This post walks through the key differences between states: timelines, required notices, who must receive liens, and how filing varies by county.

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August 13, 2018Guide

Lien Law Review For the Top 6 Construction Boom States

A state-by-state review of mechanics lien rules in six high-growth construction markets: New York, Nevada, California, Texas, Florida, and Arizona. Covers licensing, preliminary notice, and filing deadline differences in each.

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September 4, 2018Guide

Why (and Where) Construction Bonds are Required for Public Projects

Public works projects generally require construction bonds rather than relying on mechanics liens. This post explains why bonds protect owners, subcontractors, and suppliers, the main bond types, and where bonding is required.

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September 17, 2018Guide

When to Sign a Lien Waiver and Why

Lien waivers and releases give up your lien rights, so timing matters. This post explains the difference between conditional and unconditional waivers, when a lien release is used, and how to negotiate waivers safely.

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September 25, 2018News

September Lien Law Update: Judge Denies Watchdog Group Bid to Stop Construction

September lien law roundup: a denied bid to halt the Rockwool factory in West Virginia, a $250 million Richmond investment threatened by unpaid contractors, a Florida foreclosure suit, and a delayed Aspen Club sale in Colorado.

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October 31, 2018Guide

Do Prompt Pay Laws Protect Every Job?

Prompt payment acts require payment to move down the contracting chain within set time frames, often 7 to 14 days, with penalties for delay. This post explains how they work and compares California and Louisiana rules.

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November 11, 2018Guide

Subcontractor Rights on Public Construction Contracts (Federal Projects)

On government construction projects, subcontractors file bond claims instead of liens. This post explains the difference between a lien and a bond claim and lays out the steps to protect your payment rights on public work.

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February 13, 2019Guide

Understanding Lien Release in New York

New York mechanics liens expire one year from filing unless foreclosed or extended. This post explains when and how to file a lien release after payment and how a lien release differs from a lien waiver.

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March 7, 2019Guide

What You Need to Know About Conditional Waiver and Release Upon Final Payment

A conditional waiver and release upon final payment only takes effect once payment actually clears. This post compares conditional and unconditional waivers, covers state-regulated forms, and flags the risks contractors face.

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March 28, 2019News

Monthly Lien Law Update: Mega-Projects across the nation are having trouble paying their bill

A March roundup of mega-projects facing payment trouble: liens against the Oceanwide Plaza project in Los Angeles top $98 million, the Aspen Club faces foreclosure pressure, and El Paso's downtown Marriott has unpaid subcontractors.

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April 4, 2019Guide

How a Construction RFI Can Help Avoid Project Disputes

A construction request for information (RFI) clarifies scope and creates a written record that protects you in disputes. This post explains why to submit RFIs, keep them in writing, and time them carefully.

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May 22, 2019Guide

What is a Lien Release and When Should I File One?

Explains what a lien release is, comparing a construction lien to a home mortgage, and warns that broad language like "any and all claims" can waive rights you did not intend to give up. Sign only what reflects your agreement.

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June 14, 2019Guide

The Importance of Dispute Resolution in Construction

Reviews the main construction dispute resolution methods: arbitration, litigation, and mediation. Explains contract terms to watch for, such as governing law, venue, and required in-person meetings before a formal claim.

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January 30, 2019Guide

Florida Prompt Payment Laws for Private Projects: Here's What Every Contractor Should Know

A practical summary of Florida's Prompt Payment Law on private construction contracts, covering the conditions that trigger an owner's payment duty, the 14-day window, interest on late payments, and how bonafide disputes and retainage affect a contractor's right to be paid.

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June 16, 2019Guide

What is a Stop Notice and When is it Most Effective for Getting Paid?

A stop notice freezes unpaid construction funds held by the owner rather than attaching to property like a lien. This article explains how a stop notice differs from a lien, when it works best, and the four states that allow it.

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June 17, 2020Guide

Is a Notice of Lien Required in Your State?

A state-by-state overview of preliminary notice and Notice of Lien requirements, explaining which states mandate them, which treat them as best practice, the varying deadlines, and the many different names these notices go by.

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March 7, 2019News

Monthly Lien Law Update: Texas Liens May Get Easier/ Liens Against Homeowners' in Pennsylvania

A February/March roundup of lien law developments: a Texas bill to modernize and simplify lien filing, Pennsylvania pipeline liens against homeowners on the Atlantic Sunrise project, and suppliers filing liens against Tesla's Fremont factory.

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August 21, 2017News

Florida Lien Law Update 2017: What has changed?

Reviews 2017 Florida law changes, including HB 357 expanding self-storage operator rights and the spread of the PACE program, whose liens take priority over mortgages and complicate sales and refinancing.

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February 26, 2018Guide

Understanding Construction Change Directives and Their Role in Your Project

Change directives differ from change orders because they direct a contractor to perform additional work without agreement on scope, price, or time. This post explains how they work, how they are resolved, and why they often signal disputes.

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March 5, 2018News

February Lien Law Update: Developer Of NYC Amazon Site Owes Contractor $7.2M | Subcontractor files suit for $1M nonpayment for Omaha cemetery work | More

A February roundup covering a $7.2 million lien on a NYC-area Amazon fulfillment center, a general contractor and subcontractor dispute delaying a Kansas City Hampton Inn, and a $1 million bond claim over federal cemetery work in Omaha.

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March 19, 2018Guide

Watch Out for Contingency Clauses in Your Construction Contract

Contingent payment clauses can leave a contractor unpaid until someone else gets paid first. This post explains pay-if-paid and pay-when-paid clauses, how courts treat them differently, and why careful contract review matters.

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March 26, 2018News

Lien Law Update: Cor Development sues NY State for $567,000 | Sacramento Kings face $36 Million in Liens

A March roundup covering Cor Development's $567,000 suit against New York, a disputed mechanics lien over a Pennsylvania medical marijuana facility, and $36 million in liens on a Sacramento Kings downtown hotel tower.

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April 3, 2018Guide

5 Reasons You Need a Final Payment Checklist for Your Construction Projects

Final payment often holds a contractor's profit and is the most likely to be delayed. This post lays out five reasons to use a final payment checklist, from confirming lien releases to moving from substantial completion to the final check.

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April 9, 2018Guide

Why Reading Your Lien Release Form is a Must For All Contractors

Lien release forms ask contractors to give up lien rights in exchange for payment. This post explains what these forms do and the difference between conditional and unconditional waivers, so you know what you are signing.

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April 24, 2017Guide

10 Things to Consider When Filing a Mechanics Lien in Virginia

Ten practical points for filing a mechanics lien in Virginia, covering the unpaid-balance rule, preliminary notice and lien deadlines, licensing and notarization requirements, mailing rules, and how residential and other project types differ.

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June 3, 2022Guide

Payment Bond Claim: How to Get Paid by a Surety Bond in Construction

An overview of payment bond claims for construction suppliers and subcontractors, including what a payment bond is and the steps to obtain a copy of the bond, prepare and submit a claim, and pursue suit if you remain unpaid.

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January 21, 2020Guide

Mechanics Lien in Georgia - Everything You Need To Know

A state-specific guide to mechanics liens in Georgia covering when preliminary notice is required, the 90-day filing deadline, county recording rules, eligibility and licensing requirements, lien waivers, and attorney's fees recovery.

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January 29, 2020Tutorial

How to File a Mechanics Lien in Florida

A step-by-step guide to filing a mechanics lien in Florida, covering notice to owner requirements, the 45-day preliminary notice and 90-day filing deadlines, service on the owner, the one-year enforcement window, and property description rules.

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February 7, 2020Tutorial

How to File a Mechanics Lien in Colorado

A step-by-step guide to filing a mechanics lien in Colorado, covering the Notice of Intent, the 2-month versus 4-month filing deadline depending on whether you supplied materials, the extension option, penalties for overstating the amount owed, and the 6-month enforcement window.

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March 21, 2022Tutorial

How to Make a Florida Construction Lien Effective

A walkthrough of the steps to make a Florida construction lien effective, covering eligibility to file, the notice to owner, preparing a valid lien, and the timing deadlines that govern the claim.

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May 12, 2022Guide

Conditional and Unconditional Lien Waivers: What They Mean and When to Use Them

An explanation of conditional and unconditional lien waivers, what each type means, and when contractors and suppliers should sign them to protect their right to payment.

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Deadlines Are Unforgiving

Every Day You Wait Is a Day Closer to Missing Your Deadline

Construction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.

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