Construction Law Blog
Expert analysis on mechanic liens, bond claims, and payment recovery. Every article reviewed for accuracy by licensed attorneys.
Showing 25–48 of 207 articles
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.
Read ArticleCell tower work rarely fits the ordinary lien pattern: the carrier usually does not own the tower, and the tower company may only lease the ground under it. Covers the three targets a claim can attach to, the property, the lease, and the tower itself.
Read ArticleUnderground utility work is part of the project it serves, so it is usually lienable even when the trench runs past the property line. Covers what to settle before the work starts: the state, your tier, the owner, and the type of work.
Read ArticleThe remedy that secures your money depends on what kind of job you are on. Walks through federal work, state and local public work, and private projects, and the different instrument each one calls for.
Read ArticleMost lien claims fail on missing information, not missing rights. A project data sheet collects the owner, the lender, the bond, and the legal description at the start of the job, while the other side is still willing to hand it over.
Read ArticleA sub and its supplier usually have the same problem and the same debtor. Covers joint checks, shared notices, and coordinated claims, and why aligning with the party next to you in the chain beats working the claim alone.
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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.
Read ArticleConstruction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.