Construction Law Blog
Expert analysis on mechanic liens, bond claims, and payment recovery. Every article reviewed for accuracy by licensed attorneys.
Showing 97–120 of 201 articles
A final payment checklist for construction projects: confirm other parties have met their obligations, verify mechanics liens are properly released, track the owner walk-through list, set time frames, and get sign-off from finance.
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July roundup featuring a Massachusetts appeals court holding that a letter of intent can qualify as a contract for lien purposes, and a $7.7 million Turner Construction lien on a Denver hotel that the owner is fighting as excessive.
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Covers the three biggest lien-management challenges for large construction firms: working across states with different notice rules, tracking enforcement deadlines on many liens at once, and handling private versus public projects.
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Explains how payment and performance bonds work on public construction projects. Since you cannot file a mechanics lien on public work, a bond claim and in many states a lien on public funds become the route to payment.
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June roundup covering Keystone XL subcontractor liens on Meade County property, a New York Court of Appeals ruling letting lease terms alone infer landlord consent for tenant build-out liens, and US Virgin Islands hurricane-repair liens.
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A stop notice freezes unpaid construction funds held by the owner rather than attaching to property like a lien. This article explains how a stop notice differs from a lien, when it works best, and the four states that allow it.
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Reviews the main construction dispute resolution methods: arbitration, litigation, and mediation. Explains contract terms to watch for, such as governing law, venue, and required in-person meetings before a formal claim.
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Public projects require prime contractors to post performance and payment bonds, but Little Miller Act rules vary by state. This post explains bond thresholds, coverage percentages, notice requirements, and filing deadlines for subs and suppliers.
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May roundup covering Arizona's expansion of subcontractor lien rights to 130% of the preliminary notice amount starting December 31, 2019, and an Iowa demolition company's lien priority fight against an earlier-recorded mortgage.
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Explains what a lien release is, comparing a construction lien to a home mortgage, and warns that broad language like "any and all claims" can waive rights you did not intend to give up. Sign only what reflects your agreement.
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Weighs when a local lien preparation service makes sense versus a national one. Local services know the regional market, while a national service is more efficient if you file in two or more states.
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A quick cheat sheet on lien notice requirements across all 50 states, breaking down which states require a Notice of Right to File a Lien, which require a Notice of Intent, the timing difference between them, and how names and rules vary.
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April roundup of construction payment news: Merrill Steel's $278 million lien on the Las Vegas Raiders stadium, Saskatchewan's move to modernize its lien laws after Ontario, and several Texas bills affecting mechanic's lien filing.
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Knowing when to bring in a lien attorney can save money and protect payment rights. This post covers the warning signs, from entering a new state or market to late payments and an owner who refuses to pay.
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Notice of Completion laws can sharply shorten the window to file a mechanic's lien, and the rules differ widely by state. This article explains how the notice works, why you must watch public records, and how some states use the term Notice of Cessation instead.
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A construction request for information (RFI) clarifies scope and creates a written record that protects you in disputes. This post explains why to submit RFIs, keep them in writing, and time them carefully.
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A March roundup of mega-projects facing payment trouble: liens against the Oceanwide Plaza project in Los Angeles top $98 million, the Aspen Club faces foreclosure pressure, and El Paso's downtown Marriott has unpaid subcontractors.
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Florida lien waivers have features that surprise contractors: advance waivers are unenforceable, statutory forms are optional, and notarization is not required. This post explains three key details for working in the state.
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A conditional waiver and release upon final payment only takes effect once payment actually clears. This post compares conditional and unconditional waivers, covers state-regulated forms, and flags the risks contractors face.
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A February/March roundup of lien law developments: a Texas bill to modernize and simplify lien filing, Pennsylvania pipeline liens against homeowners on the Atlantic Sunrise project, and suppliers filing liens against Tesla's Fremont factory.
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A severability clause keeps a construction contract in force when one provision is found invalid. This post explains how these clauses work, the risks of standard versions, and when to modify the language.
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New York mechanics liens expire one year from filing unless foreclosed or extended. This post explains when and how to file a lien release after payment and how a lien release differs from a lien waiver.
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Construction contracts often contain exculpatory clauses and unenforceable clauses, and sometimes both at once. This post defines each, explains when they overlap, and shows how they apply to lien waiver forms.
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A practical summary of Florida's Prompt Payment Law on private construction contracts, covering the conditions that trigger an owner's payment duty, the 14-day window, interest on late payments, and how bonafide disputes and retainage affect a contractor's right to be paid.
Read ArticleConstruction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.