Construction Law Blog
Expert analysis on mechanic liens, bond claims, and payment recovery. Every article reviewed for accuracy by licensed attorneys.
Showing 73–96 of 208 articles
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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.
Read ArticleConstruction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.