National Lien & Bond

12/31/2020

Goodbye 2020!!!
We've seen a number of stories and events involving mechanic’s liens and other construction issues in 2020. Obviously, the impact of COVID-19 on the world and the industry has been the most important global situation, but other developments have truly shaped our world. Here’s a recap.
2020 lien law recap - National Lien & Bond

What a year it has been! We gather the most pressing developments in construction and lien law nationwide so that you can stay informed.

11/29/2020

We gathered the most pressing developments in construction and lien law nationwide so that you can stay informed.

- Will the new administration continue the construction-friendly regulatory environment?

- New York Confirms a Narrow Path for the Reduction of Excessive Mechanic’s Liens.

- Developer feeling the pressure due to unpaid work on a student housing project.

Every month we gather the most pressing developments in construction and lien law nationwide so that you can stay informed.

11/10/2020

A valuable resource to revisit every contract on every job
How can you be sure that your contract will be enforceable if something goes wrong or the responsible party is reluctant to pay? To ensure you have an enforceable contract on your construction project there are certain key terms to become familiar with.

To ensure you have an enforceable contract on your construction project there are certain key terms to make sure you include in every contract.

10/29/2020

We bring you October's news and developments in Lien Law

> Headline: 39% of contractors say its business as usual during COVID-19

> Headline: New Lien Waiver Procedures in 2021 for Contractors in Georgia

> Headline: Alberta announces prompt payment legislation for construction

https://hubs.ly/H0yXLmc0

10/22/2020

The most important rule when using a waiver of lien form is to never accept an unconditional waiver without payment.

There are four types of lien waiver forms for you to consider, based purely on whether they intend to release all or part of a project’s liens and whether they intend to be conditional or unconditional in nature.

https://hubs.ly/H0ypdbq0

09/29/2020

September's Monthly Lien Law Update
We've rounded up today's latest news and developments in lien law
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Federal court grants USA Fanter’s more than $2M on fraudulent lien claims for a casino built in the Mariana islands
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We learn how just how powerful the California Stop Work Notice Law is a mechanism to exert leverage over the owner
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Can you file a single mechanic’s lien on multiple buildings in Illinois and Missouri?

Every month we gather the most pressing developments in construction and lien law nationwide so that you can stay informed.

09/23/2020

Does your construction contract include a clause for liquidated damages? First, you need to know that it's not valid 100% of the time.

Second, even though may appear punitive in nature, they are not. The clause is designed to be a fair of assessment when actual losses are difficult or impossible to ascertain.

Interestingly, in practice, liquidated damages are typically less expensive for the breaching party than a calculation for actual or compensatory damages.

Construction contracts often contain a clause concerning liquidated damages - the amount of money that can be recovered if one party breaches the contract.

09/10/2020

The Five states that require a Notice of Commencement to be filed before a construction project can begin are; Michigan, Iowa, Florida, Georgia, and Ohio.

The notice is required under Michigan law, so what happens when a general contractor or owner let it slip through the cracks? The importance of Filing a Notice of Commencement in Michigan

Michigan Notice of Commencement, along with Iowa, Florida, Georgia, and Ohio, requires a that must be filed with the Michigan county registrar.

08/30/2020

When a dispute arises, both sides will likely turn to the schedule of values to determine expectations for the work, including cost. That's why it's it's important to know how the schedule of values can work down the line for your lien enforcement

Just because you’ve signed a construction contract you’re comfortable with doesn't mean you can forget the important Schedule of Values.

08/20/2020

How To Get Paid With an Expired Mechanics lien
Mechanics lien deadlines are strict.
Just because the lien deadline passed doesn’t mean that you shouldn’t get paid.

There are other protections built into the law to help ensure payment, and actions that can be taken to ensure that you collect.

Join the live webinar by Hal Emalfarb, Founder and CEO of National Lien & Bond to learn about your alternative options for getting paid.

https://hubs.ly/H0tTh2B0

08/18/2020

The structure of work in the construction industry whereby the general contractor may not perform any work at all on a project but rather can be seen as more of a manager than anything is the source of many complications.

Things can get particularly sticky, especially when a dispute arises regarding payment for work performed. When the contractor refuses to pay the subcontractor, it is up to the subcontractor to protect their legal rights and obligations.

What Happens When the Contractor Refuses to Pay the Subcontractor?

What happens when a contractor refuses to pay the subcontractor? It is up to the subcontractor to protect their legal rights and obligations.

08/11/2020

If you're in construction the difficult reality is that getting paid is not always so simple. In that realm, the most important thing to know is what your rights are, and how they can be protected. The use of a notice of intent to lien, based on the requirements of your jurisdiction, is perhaps more valuable than you might have thought.

Notice of Intent to Lien: A Letter That Will Get You Paid https://hubs.ly/H0tv5XR0