National Lien & BondEST. 1986

National Lien & BondEST. 1986

Construction Law Blog

Construction Law Insights

Expert analysis on mechanic liens, bond claims, and payment recovery. Every article reviewed for accuracy by licensed attorneys.

Showing 145–168 of 207 articles

Mason cutting concrete block on a dusty masonry saw inside a block-wall shell, the trade work behind a mechanics lien ruling

June 25, 2018News

Lien Law Update: Cappelli Wins $250K Lien Ruling

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.

Project owner and contractor seated at opposite ends of a long arbitration table, the gavel resting between them

June 18, 2018Guide

Taking a Project Owner to Arbitration

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.

Subcontractor and general contractor walking through drawings together on an active jobsite, resolving construction disputes before they escalate

June 11, 2018Guide

Resolving Construction Disputes with GCs

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.

Graders cutting a wind farm access road through Iowa corn country, turbines spinning down the ridgeline

May 28, 2018News

Lien Law Update: Iowa Mechanics Lien Law Changes

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.

Two attorneys arguing at a blank whiteboard with hard hats on the conference table, hashing out who bears the risk

May 21, 2018Guide

What is Anti-Indemnity in Construction Law?

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.

Two contractors exchanging a lien waiver on a downtown Chicago jobsite, the city flag flying against the skyline

May 7, 2018Guide

3 Key Details of Lien Waivers in Illinois

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.

Worker guiding a power screed across a rooftop pour at sunset, the hotel-scale projects in the April lien law update

April 30, 2018News

April Lien Law Update: Tuckahoe Hotel and Marijuana Liens

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.

Framing crew building a lakeside home in Pacific Northwest mist, the jobs governed by Washington state lien laws

April 16, 2018Guide

Understanding Washington State Lien Laws

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.

Steel crew running a level across a beam high above the stadium bowl, checking every detail before building on it the way you read a lien release before signing

April 9, 2018Guide

Why Contractors Must Read Every Lien Release Form

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.

Two contractors reviewing a punch list checklist inside a framed house before requesting final payment

April 3, 2018Guide

Why You Need a Final Payment Checklist

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.

Two rodbusters tying a rebar mat in falling snow beneath a gray city skyline, a March of lawsuits and liens on big projects

March 26, 2018News

March Lien Law Update: Cor Development and Kings Arena

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.

Roofing crew moving deck panels under a crane as storm clouds gather, the risks contingency clauses shift in a construction contract

March 19, 2018Guide

Contingency Clauses in Construction Contracts

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.

Ironworker grinding steel on a night shift beneath a glowing city skyline, the kind of high-rise development hit with a multimillion dollar lien

March 5, 2018News

February Lien Law Update: NYC Amazon Site Owes $7.2M

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.

Project executives comparing revised drawings in a conference room while working through a construction change directive

February 26, 2018Guide

Construction Change Directives Explained

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.

Construction attorney pointing out an indemnification clause in a subcontractor agreement during an office review

February 12, 2018Guide

Indemnification Clauses: Reducing Subcontractor Risk

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.

Concrete crew hand-troweling a slab deep inside a massive concrete structure, the kind of stadium project hit with unpaid construction bills

January 29, 2018News

January Lien Law Update: Hall of Fame Stadium Liens

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.

Surety agent shaking hands with a contractor over a signed construction bond package, how a surety bond helps ensure prompt payment

January 22, 2018Guide

What Is a Surety Bond and How Does It Work?

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.

Ironworker tying rebar on a high-rise deck above the Chicago skyline at dusk, the projects behind Illinois vendor payment challenges

January 11, 2018Guide

How to Overcome Key Challenges with Illinois Vendor Payment

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.

Carpenter checking stud spacing with a tape measure and framing nailer inside a new home build, essential lien law updates to close the year

January 5, 2018News

Essential Lien Law Updates to Close out the Year

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.

Steel crew tightening the bolts on a column connection above a stadium bowl at sunset, all sides locked into one joint like the parties to a joint check agreement

December 11, 2017Guide

Joint Check Agreements: How They Protect You

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.

Subcontractor crew standing together in front of new homes under construction at golden hour

December 4, 2017Guide

Subcontractors: Get Paid by the End of the Year

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.

Installer fitting pink fiberglass insulation batts between the studs of a framed home, trade work behind the November lien law update

November 27, 2017News

November Lien Law Update: Property Lien Loophole

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.

Riggers guiding a shipping container onto the stack at a port terminal, two city skylines across the water like projects spanning more than one state

November 20, 2017Guide

5 Tips for Filing Liens in More Than One State

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.

Construction credit professional managing organized lien files and collection documents at her desk

November 13, 2017Guide

Credit and Collection Tools for Construction

Construction collections involve complex payment chains. This post reviews credit and collection tools including joint check agreements, credit agreements, bonds, retainage, and lien waivers that help businesses secure payment.

Choose State

Browse by Topic

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.