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Tips In Making A Payment Bond Claim

I love the start of Craig Martin’s article – Compliance is Key – Proving Your Bond Claim – on his Construction Contractor Advisor blog:  ”Bonding companies can make it difficult to pursue your claim.” The statement is unfortunate, but true. Whether the difficulty is created by design or if standard bureaucratic disorganization is to blame, the fact […]

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Two Options to Get Paid on New Jersey Public Projects

When a party is unpaid on a public project, the general route to recovery is through filing a bond claim.  Governmental and public entities generally cannot be liened, so security for parties who furnished labor and/or materials to the project is not tied to the land or improvement itself, but rather, to a payment bond […]

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Mechanics Lien Or Bond Rights When Working On University Construction Project

Last week I wrote an article about how the “Miller Act Applies When Doing Work In The Nation’s Attic,” referring of course to the Smithsonian Institute. The point behind the article was that while some construction projects are clearly state, federal or private, the waters are muddy in other instances. One such instance was with the construction […]

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Mechanics Lien Best Practices on Best Practices Construction Law Blog

There are a handful of construction law blogs I monitor to stay abreast of construction law issues (and mechanics lien laws).  The Best Practices Construction Law blog published by Matthew DeVries is one of these, and has been for a number of years. It’s one of the best out there, as every post contains a […]

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Presentation on Arizona State and Federal Payment Bond Claims

If you have an hour and a half to watch a very dry presentation on filing a payment bond claim on a state or federal project in Arizona, this is the video for you! The video and presentation was produced by Baird, Williams & Greer, LP, who have produced a number of these videos hosted […]

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Massachusetts Court Rules Subcontractors Cannot Waive Bond Claim Rights

Massachusetts’ statutes explicitly render void and unenforceable contractual clauses where a party waives its right to file a mechanics lien. ALM GL ch. 254, § 32. The state’s courts, however, were never called upon to decide whether the same is true respecting contractual clauses waiving a party’s right to file a bond claim against a […]

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What To Do After You File A Bond Claim

Filing a bond claim is an effective way to get paid on a state, county or federal construction project, but it’s very common for things to get very quiet after a bond claim.  What is going on?  When can you expect to get paid?  And is there anything you can do to push your claim […]

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Miller Act May Apply to Federal Property Leased To Private Parties

The concept of government property leased to a private entity has gotten a lot of press lately, and a lot of discussion on this blog. One may think the situation only rarely arises when a lien claim is sought against a project that is privately commissioned, but is performed on public land leased to a […]

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The Vast Differences Between Washington and Oregon Bond Claims

Oregon and Washington share a border, and as an attorney practicing in both states, I can attest that they share a lot of business as well. It’s quite common for contractors and suppliers to work across those state lines, with Washington folks frequently furnishing to areas like Portland, Oregon, and Oregon folks frequently furnishing to […]

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Duh! Stupid Argument Rejected by Minnesota Preserving 120 Day Claim Period Against Payment Bonds

Hat tip to Greta McMorris (@SuretyLaw) for tweeting about a case decided by the Minnesota Court of Appeals last week that focused on the timeliness of a payment bond claim on state projects in the state. The case is API Electric Company v. North America Speciality Insurance Company. I think it’s an important case, but […]

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No Mechanics Lien Rights When Working on Private Improvement on Public Property in New York

It may seem like rare circumstances, but construction improvements for private enterprises upon public property is more common that you think. States, counties and cities frequently lease out public land to private companies to do a variety of things (airports, for example, lease to airlines and vendors).  These private tenants hire companies to make tenant […]

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