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6 Days to Mastering Mechanics Liens – Day 1: Understanding the Basics

Day One: Understanding the Mechanics Lien Lifecycle Whether you are a mechanics lien veteran, or just getting started, navigating lien laws across the country can be a mess. Having a general knowledge of mechanics lien basics – what liens are, why they exist, and how they work — provides a strong foundation to mastering mechanics liens, […]

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Pay When Paid and Pay If Paid Clauses in California

In many states, courts are required to determine whether a pay if paid, or pay when paid contract clause functions as a risk-shifting clause, or merely a timing mechanism. This can be a tough challenge. Fortunately, pay when paid and pay if paid clauses in California are easy to figure out: they are unenforceable as […]

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Credit Application Series: Person v. Business Credit Check

This post is geared to those in the construction industry who extend credit to clients, but the principles discussed below, can generally apply to all businesses. Credit applications are an integral part of credit policy. When a new customer wants to buy from your business on credit, there are certain pieces of information that need […]

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Personal Guarantee or a Mechanics Lien?

Round-Up of Joint Check Agreement Blog Series Posts

This fall, we focused a lot of attention on joint checks, authoring a series of blog posts that discussed a range of joint check issues. Through the years of consulting with companies about payment rights, I’ve learned that while folks are often aware of the existence of joint checks, few truly understand what they are or […]

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Joint Check Agreements: Free Form From Zlien

Our three week long Joint Check Agreement Blog Series is drawing to a close. This post pulls together everything we’ve discussed to create an agreement form that is free to view, download and use.  Of course, everything we do here on the Lien Blog is subject to our Terms of Use. Download Zlien’s Joint Check Agreement Form Free.  We […]

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Joint Check Agreements: How To Enforce A Joint Check Agreement

Getting a joint check agreement is great for your company.  In fact, as part of our Joint Check Blog Series we commented that these contracts are a Great Tool For Credit Managers. Nevertheless, joint check agreements are sometimes violated like anything else. Why You May Need To Enforce A Joint Check Agreement Let’s start with […]

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Joint Check Agreements: Joint Check Agreements And Bankruptcies

Bankruptcy is a significant credit and collections challenge in the construction industry. We all fear it.  A customer filing for bankruptcy protection translates into attorney fees, payment delay and non-collectable debts. How do credit departments prepare for and respond to these bankruptcy situations? A few months ago, we ran a Bankruptcy Blog Series. These posts […]

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Joint Check Agreements: Joint Check Agreements v Mechanic Liens – Comparing The Tools

As part of our on-going Joint Checks blog series we’ve written about some of the positives and perils of that very common construction industry instrument. Since this is also a form of payment security (and sometimes a very good form), you may be a little confused about the differences between the two devices and whether […]

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Joint Check Agreements: 3 Fatal Mistakes You Can Make

Getting a joint check agreement is a plus for any credit department, and I highly recommend utilizing the joint check remedy when it’s available.  Don’t make the mistake, however, of thinking that joint check agreements are a one-size-fits-all type of document. To the contrary, there are lots of traps and mistakes to be made.  This post discusses […]

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Joint Check Agreements: Fraud – Understand And Prevent It

Joint check agreements are popular in the construction industry. In fact, they are so commonly used they are often referred to as a “construction instrument,” insinuating that they are exclusively used in that industry. Also common, unfortunately, is joint check agreement fraud.  This post explains where joint check agreement fraud occurs and helps you understand […]

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Joint Check Agreements: Joint Check Agreements Must Be Signed By Everyone

Who must sign a joint check agreement, and why would that even matter?  Getting ink from the appropriate parties is a critical step in executing a valid joint check agreement.  As explained in prior posts within the Joint Check Blog Series, joint check agreements are commonly misunderstood leaving parties with an empty promise from the […]

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