Construction Law Blog
Expert analysis on mechanic liens, bond claims, and payment recovery. Every article reviewed for accuracy by licensed attorneys.
Showing 121–144 of 201 articles
The Pennsylvania Prompt Payment Act governs payment obligations on construction projects other than residential projects of 6 or fewer units. This guide covers owner and contractor payment deadlines, interest on late payments, and good faith withholding.
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A short video introduction from Hal Emalfarb on getting paid on federal construction projects using the Miller Act payment bond.
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The federal Prompt Payment Act sets maximum payment timelines on government projects and most states have similar laws. This article covers three reasons the acts matter: accountability, defining satisfactory completion, and interest on late payments.
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When a property owner files for bankruptcy, a supplier or subcontractor can still file a mechanics lien and recover. This post covers the secured-debt position, the automatic stay, and the steps to protect lien rights.
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Mechanics liens remain enforceable when a party to a project files for bankruptcy. This post explains the automatic stay, when to file a notice with the bankruptcy court, and how a secured lien ranks for payment.
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A short introduction to Hal Emalfarb's approach to subcontractor agreements, built on the formula Transaction plus Power equals Payment, aimed at helping contractors get paid on every job.
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Most large commercial jobs, along with federal and state work, carry payment bond protection. This post explains the difference between a lien and a bond, how to find out if a job is bonded, and why enforcing both rights helps you get paid.
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On government construction projects, subcontractors file bond claims instead of liens. This post explains the difference between a lien and a bond claim and lays out the steps to protect your payment rights on public work.
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Prompt payment acts require payment to move down the contracting chain within set time frames, often 7 to 14 days, with penalties for delay. This post explains how they work and compares California and Louisiana rules.
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September lien law roundup: a denied bid to halt the Rockwool factory in West Virginia, a $250 million Richmond investment threatened by unpaid contractors, a Florida foreclosure suit, and a delayed Aspen Club sale in Colorado.
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Lien waivers and releases give up your lien rights, so timing matters. This post explains the difference between conditional and unconditional waivers, when a lien release is used, and how to negotiate waivers safely.
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Public works projects generally require construction bonds rather than relying on mechanics liens. This post explains why bonds protect owners, subcontractors, and suppliers, the main bond types, and where bonding is required.
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August lien law roundup: a subcontractor's collection action over painting work at Florida's TIAA Bank Field, a court setback for the Keystone XL pipeline, and a construction pause on the Atlantic Coast Pipeline.
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A notice of commencement formally sets the start date of a project and is filed by the owner or prime contractor. This guide explains where it is required or optional, how it affects lien deadlines, and what subcontractors need to know.
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A state-by-state review of mechanics lien rules in six high-growth construction markets: New York, Nevada, California, Texas, Florida, and Arizona. Covers licensing, preliminary notice, and filing deadline differences in each.
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When construction work crosses state lines, lien laws change with it. This post walks through the key differences between states: timelines, required notices, who must receive liens, and how filing varies by county.
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July's lien law roundup covers Tellepsen's $20M lien on Houston's Post Oak hotel tower, a sharp decline in North Carolina construction disputes and lien filings, and the ongoing Swinerton dispute over a Sacramento high-rise.
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Explains when construction litigation tends to arise, how a case progresses through discovery, motions, settlement attempts, and trial, and the reasons some companies choose to litigate disputes.
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June's lien law roundup highlights a New York ruling that pre-construction services support a $250K Cappelli lien, an Indiana decision giving a non-traditional mortgage priority over a mechanics lien, and a New Hampshire ruling allowing a lien despite signed waivers.
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Weighs the benefits and disadvantages of arbitrating a construction dispute with a project owner, including speed, privacy, chosen arbitrators, and looser evidence rules against the loss of appeal rights in binding arbitration.
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Compares the four main paths for resolving disputes between general contractors and subcontractors: negotiation, mediation, arbitration, and litigation, with contract review recommended as the first step.
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May's lien law roundup notes Iowa's repeal of a provision that blocked liens where a contractor held other collateral, effective July 1, 2018, plus back-tax and lien troubles at Knoxville Center Mall and an undisclosed lien on a Menomonee Falls home.
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Explains indemnification in construction contracts and how anti-indemnity statutes in some states limit or bar broad and intermediate indemnity provisions, plus how courts may modify offending clauses rather than void an entire agreement.
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Three things to watch when signing a lien waiver in Illinois, where no statutory form exists: waivers must be by express agreement, cannot be signed before work begins, and do not relieve you of tracking the lien filing deadline.
Read ArticleConstruction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.