Lien waivers, including waivers of the right to make a bond claim, are common documents that are exchanged on every construction project. Far from being innocuous “throw-away” documents standing in the way of receiving payment, or documents that…Read More
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In Arizona, every party without a direct contract with the general contractor is required to give a preliminary notice within 20 days of the party’s first furnishing of labor and/or materials in order to preserve the right to make any necessary…Read More
The construction payment process has a fairness problem. All too often, construction payment fairness is marginalized by parties leveraging their respective positions on the contracting chain, in an attempt to gain some sort of real or perceived advantage….Read More
Mechanics lien laws can be complicated and in light of a surge of P3 projects, this has never been more true. What… Read More
Since P3s are made up of a combination of public and private investments, the legislation can get complicated.
While parties on construction projects have at least some sort of protection in many places around the world, the mechanics lien is a uniquely American instrument. The mechanics lien has a long history within the United States…Read More
The Green Building Industry, Alternative Energy Projects and Mechanics Lien and Bond Claim Rights
A rapidly expanding segment of the construction industry is centered around “green” building projects, including the construction of green energy installations such as solar arrays or wind…Read More
Public Private Partnership (P3) projects present unique challenges to unpaid parties. Mechanics liens, bond claims, both, or neither may be appropriate.
Public Private Partnerships Generally
What Is a P3 Project?
We recently noted that North Carolina mechanics lien law may be changing again, by “clarifying” the requirements surrounding the Notice to Lien Agent. That is not the only potential modification to North Carolina bond and mechanics lien law,…Read More
Mechanics Lien Rights May Be Limited On Solar Projects
The portion of the construction industry centered around green energy installations such as solar arrays or wind farms is rapidly expanding. Despite the rapid growth of this segment of the industry,…Read More
Generally speaking, when a party performs work on a public works project, the necessary remedy for non-payment is to make a claim against the payment bond. Similarly to the mechanics lien right available on private projects, a bond provides security to…Read More