Construction Law Blog

Construction Law Insights

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

Articles

Showing 169–192 of 207 articles

Construction professional completing a project compliance checklist on a clipboard at a foundation site with rebar
November 6, 2017Guide

What Is a Project Compliance Checklist?

A project compliance checklist helps a construction business take the steps needed to get paid. Key elements include corporate registration and licensing, contract review, job sheet details, and bond paperwork captured before work begins.

Read Article
Roofing crew replacing a storm damaged roof on a home during disaster recovery rebuilding
October 23, 2017Guide

Disaster Recovery Updates: Florida, Texas, Puerto Rico

After Hurricanes Harvey, Irma, and Maria, contractors rebuilding in Texas, Florida, and Puerto Rico face payment delays tied to insurance and FEMA. This post covers preliminary notice rules, bond gaps on disaster work, and how to protect payment rights.

Read Article
Concrete crew troweling and screeding a rooftop slab at sunset among rebar dowels, finishing the last work held against retainage
October 9, 2017Guide

Understanding Retainage - And its Alternatives

Retainage is money withheld by an owner or general contractor until a project is substantially complete, often around ten percent. This post explains how retainage works and reviews alternatives such as performance bonds, trust accounts, and other security.

Read Article
Two parties shaking hands over a signed construction contract after negotiating a settlement out of court
October 3, 2017Guide

Power Negotiation: Settling Construction Disputes

Settling a construction dispute out of court saves time, costs, and frustration. The formula of a solid contract plus mechanics lien protection plus prompt payment statutes puts you in a position of power to negotiate payment.

Read Article
Lone carpenter cutting lumber at dusk outside a half-framed house, the labor crunch among the main problems in US construction
September 25, 2017Guide

5 Main Problems in the Construction Industry in the USA

Construction businesses face five recurring challenges: operating capital and cash flow, planning and growth, project complexity, finding skilled labor, and the push toward sustainability. Each one affects a company's margins and stability.

Read Article
Concrete finisher smoothing a floor inside a bare concrete shell as the sun sets through the doorway, working against the clock like a lien deadline
September 11, 2017Guide

How Long Does a Lien Last?

A mechanics lien does not last forever. Lien lifespans vary by state and project from as short as six months to as long as six years, and you must foreclose or release the lien before it expires.

Read Article
Contractor arriving at a lien law firm front desk to get help when a lien alone is not enough
September 5, 2017Guide

When a Lien Isn’t Enough: Getting a Lien Lawyer’s Help

Describes situations where a lien lawyer adds value beyond a basic filing, including bankruptcy or multi-state projects, negotiations, bond company dealings, complex liens, and setting up payment-tracking business processes.

Read Article
Roofing crew torching down a flat commercial roof above a dense city skyline at dusk, cities and states caught up in construction conflicts
August 28, 2017News

Lien Law Update: Cities and States in Construction Disputes

A roundup of construction law developments, including a court order to sell a Pendleton, SC mill over a mechanics lien, a lien against city-owned property in Joplin, MO, California's proposed SB 2 document tax, and a Boston shadow-law dispute.

Read Article
Rebar crew on a coastal Florida condo tower deck as storm clouds clear over the beach, palms bending in the wind
August 21, 2017News

Florida Lien Law Update 2017: What has changed?

Reviews 2017 Florida law changes, including HB 357 expanding self-storage operator rights and the spread of the PACE program, whose liens take priority over mortgages and complicate sales and refinancing.

Read Article
Four framers working out a plan together over blueprints inside a framed house, settling construction disputes at the table
August 14, 2017Guide

Construction Mediation and Arbitration Explained

Explains the two main forms of alternative dispute resolution in construction. Mediation is a non-binding facilitated discussion, while arbitration produces a binding, enforceable ruling. Both are often selected in the construction contract.

Read Article
Concrete finisher screeding a fresh slab with a second worker floating the far edge, twin new-construction pours side by side
August 2, 2017Guide

Notice of Commencement: Florida and Georgia Rules

Florida and Georgia both require a notice of commencement, but the rules differ. This guide compares who files, the filing and posting requirements, and how the notice affects subcontractor and supplier notice deadlines in each state.

Read Article
Four ironworkers crossing the steel frame with tool bags, cable coils and a welder in hand, the must-have tools arriving at the job
July 24, 2017Guide

5 Must Have Tools for Construction Office Managers

An overview of five tools that help construction office managers handle invoicing, project tracking, lien deadlines, and bond claims, including CE Tech Trends, ConAppGuru, PandaDoc, FieldLens, and Smartsheet.

Read Article
Credit professional on a headset making a confident construction collections call at her desk
July 17, 2017Guide

How to Run a Successful Collection Call

Practical tips for making a collection call on an overdue construction invoice: prepare and practice, stay professional, build rapport, find out why payment is late, and secure a specific commitment while watching your lien deadline.

Read Article
Construction professional verifying job information on a branded clipboard against blueprints on an active job site at golden hour
July 10, 2017Guide

How to Verify Job Information Before You Start

How to collect and verify job information before starting construction work, including property owner and prime contractor details needed for invoicing and mechanics liens, and how to confirm ownership through county records.

Read Article
Construction law and mechanics liens law books with a judge gavel and hard hat in front of a commercial building under construction
July 3, 2017Guide

Construction Law 101: Which State’s Law Applies?

An overview of how state-specific construction law shapes a contractor's business, covering licensing, insurance, mechanics liens, and collections, plus when to consult a construction attorney and how environmental and public-project rules apply.

Read Article
Crew finishing a foundation pour at a misty north-woods sunrise, the projects behind the Minnesota lien notice court ruling
June 29, 2017News

Lien Law Update: MN Says Lien Attorneys Not FDCPA-Immune

A roundup of lien law developments: a Minnesota ruling that an attorney serving a lien notice as a debt collector must comply with the FDCPA, a contractor lawsuit over the stalled Las Vegas Alon project, and Indiana electronic recording and fee changes.

Read Article
Construction contract on a clipboard with pen and laptop while two workers review building plans on the job site behind
June 17, 2017Guide

Construction Contracts: 5 Things You Need to Know

Five key terms construction professionals should review in their contracts: scope of work, payment terms, schedule of work, warranty limits, and dispute resolution. Each affects payment rights and how disputes get handled.

Read Article
Building material supplier tracking outstanding invoices and lien notices in an automated app at a lumber warehouse
June 5, 2017Guide

Four Lien Processes Credit Managers Should Automate

Four lien-related processes a construction credit manager can automate: preliminary notices, lien filing deadlines, legal compliance records, and project documentation. Automating these tasks helps track multi-state deadlines and preserve payment rights.

Read Article
Two workers overlooking a massive high-rise site of rebar columns and tower cranes at dusk, the scale of major projects hit with mechanics liens
May 29, 2017News

Lien Law Update: Millions in Liens Filed on Major Projects

A monthly lien law roundup covering mechanics liens filed amid the Westinghouse bankruptcy on the VC Summer and Vogtle nuclear projects, a contractor's increased lien on a Norwalk theater, and a Third Circuit ruling on liens and the bankruptcy automatic stay.

Read Article
Mechanics lien lawyer reviewing a lien claim with a contractor client, mechanics lien law book and scales of justice on the desk
May 22, 2017Guide

What Does a Mechanics Lien Lawyer Actually Do to Help You?

Describes how a mechanics lien lawyer helps contractors and suppliers, from setting up a process to track invoices and notices to filing the lien, notifying the proper parties, and negotiating a settlement after the claim is filed.

Read Article
Two masons setting a riverwalk stone wall block by block along the city river, each finished course like a partial waiver on progress payments
May 8, 2017Guide

What is a Partial Waiver of Lien and How Can it Affect You?

Explains what a partial waiver of lien is and how it works, including how a progress payment waives a corresponding portion of lien rights and the difference between conditional and unconditional waivers.

Read Article
Contractor reviewing house plans on a truck tailgate while weighing what to consider before filing a mechanics lien
May 3, 2017Guide

7 Things to Consider When Filing a Lien

Seven things to check before filing a lien in any state, including licensing, foreign corporation registration, notice and filing rules, indemnification clauses, prompt payment laws, required lien details, and tracking the deadline to follow up.

Read Article
Brick colonial Virginia home wrapped in renovation scaffolding, dogwoods blooming and the Blue Ridge countryside rolling behind
April 24, 2017Guide

10 Things to Know Before Filing a Lien in Virginia

Ten practical points for filing a mechanics lien in Virginia, covering the unpaid-balance rule, preliminary notice and lien deadlines, licensing and notarization requirements, mailing rules, and how residential and other project types differ.

Read Article
Printed construction contract terms and conditions on a clipboard beside a hard hat, rolled blueprints and laptop at a job site desk
April 4, 2017Guide

7 Tips to Improve Construction Terms and Conditions

Lists seven elements to review in construction standard terms and conditions, including lien waivers, change orders, dispute resolution, insurance, and the relationship of the parties, plus the core scope and payment details a contract should spell out.

Read Article
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.

Contact Us