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Miller Act Rights Not Easily Waived

General Contractors and Subcontractor Legal Rights

The U.S. Miller Act  gives subcontractors, suppliers, and laborers a bond claim on federal projects. The Act requires that a payment bond be posted by the prime contractor for every federal project. Think of the bond as a pile of money. When a contractor or subcontractor goes unpaid, they have a claim against this pile […]

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How to Clean Up Your Books by the End of the Year

Clean up your books by the end of the year

The end of the year is upon us! December really came out of nowhere, like an unexpected snowball. With the holidays around the corner, now is the time to get organized! Read on for tips on how to reduce unpaid and outstanding invoices (and get paid) before the end of the year. Send a Notice of Intent […]

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Breaking News: Substitution of Bond for Mechanics Lien in Illinois

Illinois mechanics lien bond claim

PLEASE NOTE: This post has been updated to clarify the provisions of the new law regarding attorneys’ fees.  A lot of people think the Illinois mechanics lien statutes are engraved in granite, immovable and inviolate for time. But nothing could be further from the truth. There used to be a provision allowing no-lien contracts – […]

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What Are Performance and Payment Bonds?

We talk a lot about mechanics liens and their benefits, but what happens if you are working on a public project and are unable to file a mechanics lien against the property? That is where bond claims come in. Many people become confused about whether to file a mechanics lien or bond claim. The simple answer […]

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Postage Increase – Don’t Let It Affect Your Claim

Service of your Mechanics Lien or Bond Claim is critically important, and since most state statutes rely on using USPS delivery, it is always important to have correct postage when mailing out your document. No one wants to receive their undelivered claim back in the mail several days after it was sent, due to incorrect […]

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Signing Lien Waivers? What It Says May Be More Important Than What Happened.

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 just need to be rubber-stamped with no review, waivers can have significant consequences and should be treated […]

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Arizona Public Preliminary Notice Delivery Method Clarified

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 future bond claim. While the failure to provide the notice within the noted 20 days may not […]

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Minnesota Court Promotes Construction Payment Fairness – Even At Expense of Innocent Surety

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. Slow payments, over-reaching lien waivers, the risk of non-payment or default, and the convoluted process of construction […]

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