David Adelstein | Florida Construction Legal Updates If you are a design professional (architect, landscape architect, interior designer, engineer, surveyor, or mapper) you have construction lien rights in the event you are not paid. This does not mean your lien rights are absolute so it is important to understand the circumstances which allow you to record a construction lien… Continue reading Circumstances in Which Design Professional has Construction Lien Rights
Category: Mechanics Lien Rights
Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Robert G. Campbell and Trevor B. Potter | Construction Executive There may be tension between the enforcement of statutory mechanic’s lien claims when a contractual dispute resolution provision calls for arbitration. Once the parties are in arbitration, it may not be clear whether the arbitrator has authority to make factual determinations regarding amount and validity… Continue reading Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Filling Out the Contractor’s Final Payment Affidavit
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
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