Construction Law Blog
Expert analysis on mechanic liens, bond claims, and payment recovery. Every article reviewed for accuracy by licensed attorneys.
Showing 145–168 of 208 articles
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.
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April's lien law roundup covers Environmental Bulkhead's retainage suit against Bilwin over a Tuckahoe Marriott project, a foreclosure on the Hermitage Club's Vermont inn, and a second lien filed on an AGRiMED medical marijuana facility in Pennsylvania.
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A walkthrough of Washington's private-project mechanics lien rules, including the notice of right to claim lien and its 60-day look-back, the 90-day filing deadline, the 14-day owner notification, the eight-month enforcement window, and lien waiver cautions.
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Lien release forms ask contractors to give up lien rights in exchange for payment. This post explains what these forms do and the difference between conditional and unconditional waivers, so you know what you are signing.
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Final payment often holds a contractor's profit and is the most likely to be delayed. This post lays out five reasons to use a final payment checklist, from confirming lien releases to moving from substantial completion to the final check.
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A March roundup covering Cor Development's $567,000 suit against New York, a disputed mechanics lien over a Pennsylvania medical marijuana facility, and $36 million in liens on a Sacramento Kings downtown hotel tower.
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Contingent payment clauses can leave a contractor unpaid until someone else gets paid first. This post explains pay-if-paid and pay-when-paid clauses, how courts treat them differently, and why careful contract review matters.
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A February roundup covering a $7.2 million lien on a NYC-area Amazon fulfillment center, a general contractor and subcontractor dispute delaying a Kansas City Hampton Inn, and a $1 million bond claim over federal cemetery work in Omaha.
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Change directives differ from change orders because they direct a contractor to perform additional work without agreement on scope, price, or time. This post explains how they work, how they are resolved, and why they often signal disputes.
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Indemnification clauses shift responsibility for legal costs and liability between parties on a construction project. This post explains what indemnification means for subcontractors and how the clause can be drafted to limit their exposure.
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A January roundup covering $5.7 million in liens at the Tom Benson Hall of Fame Stadium in Ohio, plus two cases where Florida and Utah homeowners faced supplier liens after solar contractors failed to pay for materials.
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A surety bond sets aside funds or resources to serve as security on a construction project. This guide explains payment and performance bonds, when they are required, and how to make a bond claim if payment is not made.
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Illinois carried a multibillion-dollar backlog of unpaid vendor bills, including money owed to construction companies. This post explains how contractors can check payment status, use the Vendor Assistance Program, and protect their right to payment.
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A year-end roundup of lien law developments, including Wisconsin legislation that converts a mechanics lien into a bond claim, mounting lien claims on a large Minnesota solar project, and a withdrawn lien on Intel's Oregon chip factory.
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A joint check agreement requires multiple parties to sign a payment check before it can be deposited, helping protect subcontractors and suppliers. The level of protection depends on the wording, especially pay-if-paid versus pay-when-paid clauses.
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Year-end tips for subcontractors who want to collect outstanding invoices before the books close: send invoices out early, automate invoicing and collections, and implement a late payment fee policy heading into the new year.
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A roundup of lien law developments, including a Michigan proposal requiring proof of licensing before filing, a multimillion-dollar foreclosure fight at Colorado's Aspen Club, a Tennessee law targeting fraudulent liens, and Texas liens on a resin plant.
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Working across state lines means complying with each state's construction laws. These five tips cover professional licensing, project start dates, preliminary notices, filing timelines, and tracking liens after they are filed.
Read ArticleConstruction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.