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Drafting a Written Litigation Policy Is Good for Business

While it’s sometimes overlooked, or just ignored, a specific litigation policy is an important piece of a complete and thorough credit policy. Coupled with a good collection policy, and a thorough lien policy, a specifically followed litigation policy should should ensure that a company in the construction industry will get paid on nearly every project. […]

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mechanics lien helps you avoid litigation

Mechanics Lien: Why Filing A Lien Will Help You Avoid Litigation

CFMA CEO Stuart Binstock, a lawyer, opened the May/June 2013 issue of the organization’s Building Profits magazine with a message about minimizing legal risk. He quoting French Philospher Voltaire as saying that “he had two terrible experiences in his life – once when he lost a lawsuit and once when he won a lawsuit.” Litigation […]

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Credit Management: Lien Policy or Other Security Can Help Litigation Policy

Just yesterday, Seth wrote a great post outlining ways to structure a litigation policy and determine when the expense and time of litigation may be worth pursuing. As an attorney myself, I completely agree with his determination that some claims just aren’t worth pursuing, as a practical matter. The same goes for the conclusion that […]

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Litigation: How to Value Claims and What’s Worth It?

As an attorney, one of the questions I’m often confronted with is whether a claim (money owed) is worth starting litigation, or in layman terms, is it worth “taking it to court.” There are a number of ways to factor an answer to this inquiry. Of course, the higher the amount, the better,  as litigation […]

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Should You Sue Your Customer? What About A Mechanics Lien?

Kudos to Dean Kaplan of the Kaplan Group (@TheKaplanGroup) for putting together an awesome infographic visually guiding folks “through the process of determining if they should file a lawsuit when all other avenues have failed to resolve the collection problem.”  I think the infographic is bloody good.  In fact, when I recommended it on Google Plus […]

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Conflicting Court Decisions Highlight Complexity Of Mechanics Lien Law

Last week I wrote about two court decisions released in April 2012, one out of California (Montgomery Sansome LP v Rezai) and one out of Idaho (Stonebrook Construction v. Chase Home Finance).  These cases presented almost identical circumstances, yet the courts reached opposite results. Summary of Idaho v. California Cases The California and Idaho cases […]

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Utah Mechanics Liens Are Assignable

Filing a mechanic’s lien in any state is fairly inexpensive and easy to do.   Legal Document Preparation services like Zlien, for example, perform the task for just $295.00. While the filing of a mechanic’s lien is effective in and of itself, at times the filing of a lien alone is not enough to get […]

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A Cure for Construction Litigation: Proactive Thinking Before You Get Started

Litigation. Its a frightening word to many yet to others it is seemingly unknown. The world of construction litigation has become massively entwined with confusion as to goals, limits, and the expectations of a litigant. Attorneys are often unable to properly advise a potential client as to the presumed costs and lengths of a legal […]

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