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To Arbitrate Or Not To Arbitrate: Who Decides?

Arbitration is usually recommended as a less expensive and quicker way to resolve disputes. Ironically, arbitration can become a rather complicated matter in the construction world. These complications can arise from a multitude of issues, but one issue that recently resurfaced was the question of who decides whether it is…

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Can You File a Lien While Working Under Multiple Contracts?

In a recent Florida lawsuit, an engineering company and condominium association found themselves arguing over whether a mechanics lien was properly filed.  The two parties had executed 9 different, independent contracts to perform work on the condominium complex. When unpaid, instead of filing 9 different liens, the engineering company filed…

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CFM Review: What Makes A Lien Waiver Unfair

Every Friday, we will select a few in-depth articles from the week that we think are worth your valuable time as a construction financial manager (CFM). We look for compelling articles not only about financial topics, but about business, technology, and life, that challenges you to think about your role…

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CFM Review: Guide To Reading A Construction Contract

Every Friday, we will select a few in-depth articles from the week that we think are worth your valuable time as a construction financial manager (CFM). We look for compelling articles not only about financial topics, but about business, technology, and life, that challenges you to think about your role…

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Do Mechanics Lien Claims Survive Bankruptcy?

Some folks will trash talk the mechanics lien remedy a bit. They will scoff that the lien is useless because “the banks get first priority” (read real priority rules here) or because “it will just get bonded off” (dispel this myth here). Frequently, though, folks will criticize the utility of…

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The Indispensable Guide to Mechanics Liens In Bankruptcy

It is an unfortunate reality that bankruptcy plays a disproportionately large role in the construction industry when compared to other large industries in the United States. It’s not uncommon for bankruptcy, or even a potential bankruptcy, to significantly impact multiple parties on a construction project. Any company that extends labor…

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The Ultimate Guide To Lien Waivers

Everyone in the construction industry encounters lien waiver documents, but too often, these complex and consequential forms are overlooked. Whether you’re a sole proprietor or a large corporation, understanding and managing lien waiver requests is important.

Ask yourself: Does your company have a defined policy for how lien waiver requests are…

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