Construction Law Blog

Construction Law Insights

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

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Showing 73–96 of 201 articles

Hardscape crew installing pavers at a home, the kind of property improvement work that can lead to a mechanics lien
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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Timber framers bolting heavy beams above a snow-capped Colorado valley, the projects behind filing a mechanics lien in Colorado
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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Plumber tightening copper supply lines beneath a commercial kitchen sink, trade work behind the January 2020 lien law update
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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Rebar crew tying columns atop a beachfront Florida high-rise, turquoise surf and condo towers stretching down the coast below
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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Two contractors at the edge of a Georgia peach orchard, one pointing to the distribution warehouse rising behind it
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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Mechanics lien filing timeline infographic showing the five steps from preliminary notice through recording, enforcement and getting paid
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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Commercial painter rolling fresh paint onto new office walls as the year winds down, December 2019 lien law update
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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Worker breaking out defective concrete with a jackhammer on a city street at night, the rework behind construction back charges
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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Ironworker carrying steel on his shoulder through a tilt-up commercial shell, a private project where performance bonds and mechanics liens collide
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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Framing crew on a Los Angeles hillside home site, the city stretching into the haze below
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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Electrician on a scissor lift running conduit through a concrete high-rise ceiling, jobsite work behind the November 2019 lien law update
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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Concrete finisher hand-troweling the last pass on a high-rise deck at sunset above the city, the final work before retainage gets released
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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Process server handing a document binder to a homeowner at the front door of a stucco Florida house
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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Blank construction payment bond application on a desk with a hard hat, calculator, and rolled blueprints, explaining payment and performance bonds
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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Mason troweling fresh mortar onto a commercial brick facade, on-the-ground work behind the October 2019 lien law update
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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Two contractors on the Ohio statehouse lawn in Columbus, a mixed-use project rising across the street
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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Two identical lien waivers side by side on a desk, one signed and one not, reading glasses resting between them
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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Ironworkers walking high steel above the Manhattan skyline at sunset, the projects behind New York mechanics lien rights
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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Project manager with a clipboard in front of a concrete frame building, September 2019 lien law update
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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Superintendent and apprentice reviewing revised drawings beside an active concrete pour, documenting a construction variation claim
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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Electrician wiring a commercial tenant build-out, the kind of leasehold improvement work that raises property versus leasehold lien questions
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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Lien service advisor reviewing project updates on a tablet with a client in late summer light, August 2019 lien law news
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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Mail carrier handing a contractor two identical envelopes at a jobsite gate
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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General contractor briefing his crew on site expectations, the kind of clear communication that helps contractors avoid litigation
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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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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