David Adelstein | Florida Construction Legal Updates When preparing a contractor’s final payment affidavit, I always suggest for a contractor (or anyone in privity of contract with the owner) to identify the undisputed amounts their accounting reflects is owed to ALL subcontractors, etc., regardless of whether that entity preserved their lien rights. If the contractor provided… Continue reading Filling Out the Contractor’s Final Payment Affidavit
Category: Mechanics Lien Law
Construction Lien Waiver Provisions Contractors Should Be Using
Jason Lambert | Construction Executive It is common in construction for a subcontractor or material supplier of any tier to be required to provide a lien waiver when receiving payment. But not all lien waivers are created equal. While at a minimum, a lien waiver, by definition, needs to include a release of liens, it… Continue reading Construction Lien Waiver Provisions Contractors Should Be Using
Construction Lien Does Not Include Late Fees Separate From Interest
David Adelstein | Florida Construction Legal Updates Construction liens can include unpaid finance charges. But, what about late fees? You know, the late fees that certain vendors like to include in their contract or purchase order unrelated to finance charges. An added cost for being delinquent with your payment. Can a late fee be tacked… Continue reading Construction Lien Does Not Include Late Fees Separate From Interest
Turning Lien Claim into Criminal Claim?
Stanley A. Martin | Commonsense Construction Law A New York case that started with a contractor’s lien claim showcases a poor intersection between the legal and political system. But a County Court judge saw through the machinations of a district attorney and dismissed criminal charges that had been filed against the contractor. The contractor performed… Continue reading Turning Lien Claim into Criminal Claim?
A Practical Approach to Resolving Mechanics Liens in Illinois: Just Deal With It.
Elizabeth J. Boddy | Taft Stettinius & Hollister Owners of property encumbered by a mechanics lien often find themselves in violation of loan covenants and under pressure from their lenders. Liens are also a significant hindrance to the sale of the property to an otherwise willing buyer. How best to deal with a mechanics lien… Continue reading A Practical Approach to Resolving Mechanics Liens in Illinois: Just Deal With It.