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 207 articles
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.
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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 stay enforceable in Chapter 7 and 11 and can prime the GC, owner, and lender. How the automatic stay and a secured proof of claim work. 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.
Read ArticleConstruction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.