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

Showing 49–72 of 201 articles

National Lien and Bond headquarters building at dusk, home of nationwide lien rights protection
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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Construction lawyer walking a contractor client through legal documents beside a construction law book
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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Crew placing concrete from a mixer chute on a mountain canyon road, the public projects behind Miller Act and Little Miller Act bond claims
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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Crew pulling orange and green conduit through a rain-soaked trench toward the city, keeping the flow connected like the receivables that keep cash king
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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Team of national lien professionals ready to teach contractors how to secure job receivables
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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Fence builder leveling a cedar post set in fresh concrete along a backyard property line, wrapping up the 2020 lien law recap
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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Bridge girder swinging from a crane over the river as lightning splits the night sky, protecting what you are owed in turbulent times
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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Tile setter combing thinset for a bathroom floor beside a new pebble-base shower, November 2020 lien law update
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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Business owner laying payments out across a blank desk calendar, spreading the schedule to limit exposure
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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Signing a construction agreement listing scope of work, contract time, payment terms and lien and bond requirements
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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Installer fastening ceiling drywall from a panel lift inside a framed house, October 2020 lien law update
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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Contractor on his tailgate reading a lien waiver form beside his laptop with a skeptical look
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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Roofer fastening architectural shingles on a steep residential roof under a clear sky, September 2020 lien law update
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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Two contractors in a site trailer reviewing a contract, one pointing at the clause in question, the jobsite crane out the window
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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Two contractors overlooking a concrete pour with the Chicago skyline at sunset, filing a mechanics lien in Illinois to get paid
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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Michigan lakeside factory retrofit underway in morning mist off the Great Lakes shoreline
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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Construction accountant reviewing an itemized schedule of values line by line with a calculator before a payment application
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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Subcontractor holding an invoice stamped unpaid while the general contractor crosses his arms on a wood framing job site
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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Ironworkers pointing out an incoming crane-hung beam at sunset, the clear signal of what is coming like a notice of intent to lien
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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Contractor walking his tools past the California state capitol in golden afternoon light
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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Two technicians wiring a rooftop cell antenna array above the city at sunset, sending signal like the notice of lien your state may require
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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HVAC technician testing a rooftop unit with manifold gauges on a commercial roof, field work behind the May 2020 lien law update
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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Flooring installer working alone nailing oak planks in an empty living room, jobsites adapting during the April 2020 Covid-19 lien law status
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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Concrete finisher smoothing a fresh sidewalk pour with a bull float, February 2020 lien law update
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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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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