National Lien & BondEST. 1986

National Lien & BondEST. 1986

Construction Law Blog

Construction Law Insights

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

Showing 25–48 of 201 articles

Rebar crew rebuilding a New Jersey turnpike toll plaza as traffic streams past

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.

Mason renovating a military base gate in Georgia, brick pillars and southern pines

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.

Crew watching a welder fuse a steel column splice above a stadium project, snow-capped Sierra range beyond the California valley

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.

Service technician repairing a rooftop HVAC unit, service work that may require payment remedies other than a mechanics lien

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.

Lien compliance advisor walking a contractor through a project milestones checklist covering notices, lien filing and enforcement

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.

Excavation contractor standing in front of heavy equipment that can secure contract payments through UCC filings

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.

Attorney and contractor in high visibility vest reviewing the lien process steps from notice to owner through enforcement

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.

Contractor raising a hand to decline signing a construction contract being pushed across the desk

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.

Owner and contractor shaking hands on a steel-frame jobsite at sunset, the negotiation that locks in payment terms

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.

Subcontractor welding structural steel at dusk, the kind of high risk trade work that insurance and indemnification clauses cover

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.

Three builders leaning over drawings at the edge of a tower-crane jobsite, pen on the plans, negotiating the terms before the work

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.

Carpenter shouldering a heavy beam on one side across a framed jobsite, the lopsided burden of a one-sided construction contract

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.

Blank construction contract laid out with blueprints, hard hat and calculator, ready to be used as a payment tool

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.

Rebar crew tying deck cages on an elevated transit guideway above the city, cranes and snowy peaks behind, the public works where prevailing wages apply

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.

Mechanics lien document with a payment check, white hard hat and rolled construction plans overlooking an active building project

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.

General contractor and owner shaking hands in front of the finished storefront as storm clouds retreat behind them

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.

Confident construction claim attorney standing in a law office ready to present a winning case

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.

Painter recoating riveted bridge steel above a fog-covered river at sunrise, the public bridge work behind Pennsylvania Miller Act claims

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.

Crew climbing high scaffolding above a New York street at dusk with the Empire State Building lit behind them, enforcing Miller Act claims in New York

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.

Two technicians checking valves on the piping gallery of a municipal water treatment plant in Ohio, the public works behind Little Miller Act claims

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.

Track crew wrenching rail inside a lit transit tunnel, the federal projects where the Miller Act payment bond protects subcontractors and suppliers

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.

Crew setting a solar panel on a commercial roof at sunset, the solar projects where a lien gets you paid through a Chapter 11

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.

Finisher edging a fresh slab at dawn while the crew races the set, the timing that controls California mechanics lien deadlines

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.

Ironworkers bolting a steel truss bridge over a glacial river in the high mountains, enforcing lien and payment bond deadlines across Canada and its provinces

January 18, 2024Guide

Mechanics Lien and Payment Bond Deadlines in Canada's 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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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.