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 97–120 of 207 articles

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: How to Make One

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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Painter finishing a building facade on scaffolding, the last work completed before final payment comes due
August 13, 2019Guide

Ensure Final Payment - The Actions You Can Take

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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Dozer operator grading a site in high summer, the season covered by the July 2019 lien law update
July 30, 2019News

Monthly Lien Law Update: July 2019

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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Superintendent with a two-way radio high on a tower crane deck above a big city skyline, where large construction firms manage lien exposure
July 17, 2019Guide

Top 3 Lien Challenges for Large Construction Firms

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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Welder bonding structural steel high above the city at dusk with sparks flying, the guarantee behind performance bonds on public projects
July 11, 2019Guide

Performance Bonds on Public Construction Projects

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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Carpenters framing a new home in early summer as June lien law updates land across the states
June 26, 2019News

Monthly Lien Law Update for June

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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Crew leaning on the rail above a grain silo jobsite with tools down, work paused the way a stop notice freezes the money until payment moves
June 16, 2019Guide

What Is a Stop Notice and When Does It Work?

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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Two workers checking a level across twin culvert sections meeting in the middle beneath the Flatirons, both sides lining up like a dispute finding resolution
June 14, 2019Guide

The Importance of Dispute Resolution in Construction

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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Rebar crew tying a bridge deck above a mountain river, the state public works projects covered by the Little Miller Act
June 6, 2019Guide

The Little Miller Act: State Bond Protection

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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Electrician wiring a commercial breaker panel, one of the working trades affected by May lien law changes
May 29, 2019News

Monthly Lien Law Update for May

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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Crew guiding a chain-slung beam into place at sunset, holding on until the piece is secured the way a lien release waits for payment to land
May 22, 2019Guide

What is a Lien Release and When Should I File One?

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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Contractor visiting a national lien service office to discuss filing liens in multiple states
May 15, 2019Guide

How to Decide if You Need a Local or National Lien Service

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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Fifty tiny house frames arranged across a giant United States map painted on a warehouse floor
May 10, 2019Guide

A 2 Minute Guide to Lien Notice Laws in All 50 States

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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Commercial plumber repairing drain lines under a stainless steel sink, one of the trades tracked in the April lien law update
April 30, 2019News

Monthly Lien Law Update for April

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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Lien attorney reviewing a construction payment claim with a contractor at an office conference table
April 21, 2019Guide

When Should You Hire a Lien Attorney?

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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Crew setting ceiling tiles into the grid of a nearly finished office floor, the final work before a notice of completion is filed
April 10, 2019Guide

Notice of Completion: Does It Matter in Your State?

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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Contractor and project engineer reviewing a construction RFI together at a plan table in a job site trailer
April 4, 2019Guide

How a Construction RFI Can Help Avoid Project Disputes

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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Glaziers setting a glass curtain wall panel high on a skyscraper, the kind of mega-project payment trouble covered in the March lien law update
March 28, 2019News

Lien Law Update: Mega-Projects Struggling to Pay Bills

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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Renovation crew on the porch of a pastel Key West house, palms overhead in the morning sun
March 17, 2019Guide

3 Key Details of Lien Waivers in Florida

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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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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