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Surprise! You Have A Breach Of Contract Claim

Which States Have the Most Challenging Lien Law?

The basic concept of contract law is that if a party breaches a contract, the other parties to the agreement have a claim against the breaching party. This is called having privity. Recently though, courts have started to allow non-party claims against breaching parties. This has come to be known as the third-party beneficiary doctrine. […]

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Proper Preparation Can Save You From Contract Disputes

We talk a lot on this blog about protecting yourself from unwanted legal situations by understanding your contract and knowing and understanding the laws that govern that contract and the project you are working on. These points are reiterated time and time again because they are vital to business in the construction world. I would […]

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Miller Act Claims Are Not Easily Tossed Aside

Miller Act Claims Are Not Easily Tossed Aside

The Miller Act provides protection for contractors and suppliers on a federal construction project. The Act requires that the prime contractor on a federal project post a bond. This bond covers both first and second tier contractors and suppliers. Generally, if you are a third tier contractor or supplier, you have no rights under the […]

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Double Damages For Bad Faith Discharge Claims

Most mechanics lien claims get paid before a foreclosure action is ever required

When a mechanics lien is filed and the lien claimant moves to enforce that lien in court, the owner or other parties of interest have the opportunity to discharge this lien by depositing a certain amount with the court. The amount that must be paid into court to discharge the lien is equal to the […]

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Clarification Of California’s 90 Day Claim Rule

Meeting deadlines can make or break a contractor when dealing with mechanics liens. Every state has different deadlines that must be met when it comes to notices and filings, but the language of that state’s mechanics lien statute greatly dictates when the countdown to many of these deadlines start. In California, a contractor must record […]

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Requesting a Lien Waiver? Here’s What to Keep in Mind

Requesting a Lien Waiver?

Lien waivers are an important component of the payment process for parties on all sides of construction projects. No matter what your role is on a project – property owner, general contractor, subcontractor, material supplier, etc. – you have probably encountered a lien waiver. If you haven’t, you will. For parties making payment, requesting that the payee […]

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Fifth Circuit Upholds Payment Bond Rights

Payment bond rights under your state’s Little Miller Act statute are not easily avoided. Little Miller Act statutes allow subcontractors and lower-tiered parties to make claims against the payment bond that every general contractor must post for public projects. This process guarantees a certain level of protection for subs while ensuring a level of efficiency […]

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Start the New Year Right: Resolutions for Contractors

Resolutions for Contractors

It’s that time of year again… Time to reflect on the past 12 months and consider what we did well and where we can do better. It is easy to make a mental list of resolutions, but it’s not so easy to stick to them for a whole year. But we have come up with a solution to […]

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When Do General Contractors Need to Send Preliminary Notice?

Where do GCs need to send preliminary notice?

General Contractors don’t always have to send preliminary notice. Often, GCs are on the receiving end of preliminary notices sent by sub-tier parties like subcontractors and material suppliers. However, some states require GCs to send preliminary notice to the property owner and/or the construction lender. Check out the list below to see when general contractors need […]

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Pennsylvania Court Explains Exception To No Damage For Delay Clause

  Contract law can be confusing and tedious. Courts continually comb through contracts, picking apart words and provisions. There seems to be no such thing as an airtight clause. The only things that are guaranteed in life are death and taxes. “No damage for delay” clauses are no guarantee either to hold up in a […]

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