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General Contractors Mechanics Lien Subcontractors

PilieroMazza PLLC

Enforceability of Pay-if-Paid Clauses in Construction Subcontracts: Mid-Atlantic Region

PilieroMazza PLLC on

Pay-if-paid clauses are conditional payment provisions regularly included in construction subcontracts. The intent of these clauses is to shift the risk of loss from a prime contractor to its subcontractors by making a...more

Spilman Thomas & Battle, PLLC

Clarifying Mechanics’ Lien Law

A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain...more

Carr Maloney P.C.

“Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia

Carr Maloney P.C. on

General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more

Frantz Ward LLP

Unjust Enrichment: The Subcontractor’s Claim Against the Owner When the General Contractor is “Unavailable for Judgment”

Frantz Ward LLP on

The Company, Inc. v. Capstone Constr. Co., 2023-Ohio-3882 (8th Dist.) -Non-payment: the dreaded issue all subcontractors face. Tools, such as payment bond, prompt pay and mechanic’s lien rights and claims, can help secure...more

Sands Anderson PC

Nobody’s Perfect(ed): The Complex Landscape of Mechanic’s Liens in Virginia

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Mechanic’s liens have long been a valuable tool for mechanics and materialmen in the Commonwealth to secure their rights to payment. Yet, despite mechanic’s liens having been in existence for well over a century, properly...more

Snell & Wilmer

General Contractors—In a Challenging Economy Beware of the Pitfalls In Subordinating Your Mechanics’ Lien Rights to an Owner’s...

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Lenders on commercial real estate projects typically require that the general contractor subordinate its mechanics’ lien rights to the lender’s deed of trust and other financing documents in order to assure the lender that...more

Stoel Rives -  Ahead of Schedule

Considerations for Contesting a Frivolous Lien in Washington

Lien claims can pose serious challenges—and immense frustration—for any owner or developer of a private construction project, particularly for those wishing to refinance or sell the property. An owner with a finance...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Your Project Got Cancelled—Now What? - August 16th, 12:00 pm - 1:00 pm ET

Contractors or subcontractors who perform offsite work can face unique challenges when an owner decides to suspend or end a project. Luckily, states including Pennsylvania and New Jersey, have legislation that offers remedies...more

Cohen Seglias Pallas Greenhall & Furman PC

The ABC’s of Mechanics’ Liens in Washington, DC

Welcome back to our DMV Construction Law Series, where we examine a different set of legal issues important to contractors each month. For our second installment, we briefly examine certain key parts of Washington, DC’s...more

Fox Rothschild LLP

Proposed Law Poses Risk Of Significant Legal Exposure For General Contractors In New York

Fox Rothschild LLP on

New York lawmakers are close to passing a law that creates automatic liability for general contractors when their subcontractors fail to properly pay their employees. Existing New York law provides at least a modicum of...more

Cole Schotz

Appellate Court Ruling Reinforces Narrow Avenue For Reducing Excessive Mechanic’s Liens

Cole Schotz on

What recourse does an owner (or other aggrieved party, such as a general contractor who is contractually obligated to remove sub-contractors’ mechanic’s liens) have for removing a mechanic’s lien from the property on which it...more

Butler Snow LLP

Deadlines for Construction-Based Mechanics’ Liens: Tennessee

Butler Snow LLP on

For contractors and subcontractors, late payments can be an all-too-familiar part of the construction industry. Many assume the best of intentions—maybe the check is still in the mail? Maybe there was an emergency...more

Butler Snow LLP

New Construction Lien Legislation in Tennessee

Butler Snow LLP on

Changes to Remedies in Lien Enforcement Actions - New legislation in Tennessee has limited the recovery of attorney’s fees, expenses, and actual and liquidated damages in instances where a real property owner seeks to...more

Bradley Arant Boult Cummings LLP

Creative Legislative Solutions to Bond off Mechanic’s Liens - Construction and Procurement Law News, Q2 2019

Whether you are the owner or the general contractor, dealing with mechanic’s liens filed by subcontractors or suppliers can be frustrating and, in some cases, present the very real threat of having to pay twice for work or...more

Snell & Wilmer

Can Unapproved Change Orders Form the Basis for a Lawful Mechanics’ Lien Encumbering the Project?

Snell & Wilmer on

Contractors and suppliers are sometimes challenged to secure a claim for past due payment with a lien on the project, all subject to lien laws that vary throughout the United States. In Arizona, as in most states, the...more

Bradley Arant Boult Cummings LLP

Creative Legislative Solutions To Bond Off Mechanic’s Liens

Whether you are the owner or the general contractor, dealing with mechanic’s liens filed by subcontractors or suppliers can be frustrating and, in some cases, present the very real threat of having to pay twice for work or...more

Troutman Pepper

The Lessor of Two Evils: Iowa Supreme Court Holds That Mechanic’s Liens Will Not Attach to the Property of a Lessor for Work...

Troutman Pepper on

Winger Contr. Co. v. Cargill, Inc., No. 17-1169, 2019 BL 132092 (Iowa Apr. 12, 2019). On April 12, 2019, the Iowa Supreme Court affirmed a lower court ruling which held that, inter alia, the Iowa mechanic’s lien statute...more

Snell & Wilmer

Overview of New Mexico Construction Law

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We’ve seen an uptick in out-of-state companies working on construction projects in New Mexico. The following is an overview of some of the nuances of New Mexico construction law about which companies may want to be aware. ...more

Cohen Seglias Pallas Greenhall & Furman PC

Hot to Get Paid: Tips and Tricks for Construction Companies in DC, MD, and VA

Presented by Cohen Seglias Associate Jackson S. Nichols on March 28, 2019. Getting paid on time is essential to running a construction business. And the bigger the job, the bigger the risk it can pose to your company. ...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Preacher Gonna Preach - Don't Get Caught ...

Dear YouDig? We are owed mid-six figures for excavation work we finished six months ago. The general contractor is playing dodgeball and claims it hasn’t been paid. We want to make a claim to get our dough. Problem, it...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Effective Use of the Subcontractor’s Sworn Statement

The subcontractor's sworn statement is one of most effective tools that contractors can use to ensure that lower-tier subcontractors and suppliers receive adequate payment throughout the job, yet many contractors either fail...more

Cozen O'Connor

New State Construction Notices Directory: A Valuable Tool for Owners

Cozen O'Connor on

Effective December 31, 2016, Pennsylvania’s Mechanics’ Lien Law of 1963 (lien law) was amended to allow for an online State Construction Notices Directory (directory) to provide notice to parties involved in projects costing...more

Spilman Thomas & Battle, PLLC

Leaning In – Pennsylvania Refining the Mechanic’s Lien Law

Pennsylvania has continued to refine its mechanic’s lien law in recent years, and next year will bring the most sweeping changes ever for owners and contractors that work on larger projects....more

Cole Schotz

Your Invaluable Mechanic’s Lien Rights – Exercise Them!

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The right to file a mechanic’s lien is established by state statute, allowing those providing work, services, materials or equipment to a construction project with additional valuable security in the event of non-payment of...more

Haight Brown & Bonesteel LLP

One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses

Payment clauses in California construction contracts are often complex and multi-layered. This is especially true in contracts between general contractors and their subcontractors. The general does not want to pay the subs...more

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