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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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Mechanics Lien Protection in US Territories

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 (tracing all the way back to Thomas Jefferson), but that particular type of protection is relatively unknown outside […]

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P3 Projects: Green Building, Alternative Energy, and Mechanics Lien and Bond Claim Rights

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 farms. While this segment of the industry is experiencing rapid growth, mechanics lien and […]

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Public Private Partnerships – What’s The Protection?

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? Public private partnerships are rapidly growing in popularity, and represent a growing segment of construction projects. This type of project, also known as a P3 […]

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More Protection For North Carolina Bond Claimants?

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, to be introduced, however. House Bill 1101 modifies and clarifies the law surrounding when a project requires contractors […]

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The Green Energy Industry and Mechanics Lien and Bond Claim Rights

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, the protection afforded by mechanics liens and bond claims has not necessarily kept pace. The […]

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