Construction Law Blog
Expert analysis on mechanic liens, bond claims, and payment recovery. Every article reviewed for accuracy by licensed attorneys.
Showing 193–207 of 207 articles
Offers guidance on selecting a construction lawyer, stressing state-specific experience, multi-state capability, preparing documents for the initial consultation, and discussing budget and expectations up front.
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Prompt payment acts require payment down the contracting chain within set time frames, often 7 to 14 days after the level above is paid. This overview explains how the acts work and the penalties that apply when payment is late.
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Argues that a well-drafted contract with favorable standard terms and conditions, combined with timely compliance with state mechanics lien law, gives subs and suppliers leverage to secure payment on a defaulting project.
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Covers what a mechanics lien on a house is, how foreclosure and lien priority work, who is eligible to file, and the steps a homeowner can take to remove or prevent a lien.
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Explains what a joint check agreement is and how it ensures payment flows down the construction chain to suppliers, including how reliance and promissory estoppel let courts enforce these agreements.
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A month-by-month guide to twelve legal practices for contractors and suppliers, covering lien waivers, contract remedies, job verification, preliminary notice and bond deadlines, compliance tracking, recordkeeping, negotiation, documentation, and getting experienced help.
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A preliminary notice secures a claimant's right to later file a construction lien. This guide summarizes which states require preliminary notices, along with the form names and timing periods that apply in each.
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A mechanics lien is one of the most powerful payment-security tools available to contractors, subcontractors, and suppliers. Here are ten ways a properly perfected lien pressures owners and lenders to pay.
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Walks through the ten most common construction lien mistakes, including missing the filing deadline, naming the wrong owner, misdescribing the property, exaggerating amounts owed, improper service, failing to serve required parties, and letting the lien expire.
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The Miller Act is silent on attorneys' fees and interest against sureties. This post explains how courts treat fee recovery, the role of contract fee clauses, and when state statutes allow fees on payment bond claims.
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In McAndrew v. Hazegh, the California Court of Appeal held that the prompt payment penalties under Civil Code section 3260 did not apply because the lump sum contract provided for neither installment payments nor retention.
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Explains how an attorney demand letter can turn a non-paying construction account into a paying one by signaling seriousness and prioritizing the invoice, often before resorting to a mechanics lien or litigation.
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Oklahoma amended its lien statutes (H.B. 1087) to explicitly allow profit and overhead as permissible components of a lien claim, resolving prior court interpretations that limited recovery to actual costs. The revision takes effect November 1, 2013.
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The Illinois Appellate Court held the Village of Antioch liable to a subcontractor under the Public Construction Bond Act for failing to procure a payment bond, applying the four-year contract limitations period. A Petition for Leave to Appeal was granted.
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House Bill 3636, effective immediately upon passage on January 7, 2013, clarifies that a prior encumbrancer's lien is not preferred to the value of subsequent improvements, strengthening priority for Illinois mechanic lien claimants after the LaSalle Bank v. Cypress Creek decision.
Read ArticleConstruction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.