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New Legislation Benefits Connecticut Contractors and Subs

New Legislation Benefits Connecticut Contractors and Subs

With new legislation popping up all over the map, it feels like construction payment laws are changing every other day. Considering the issues the industry has with payment, this is a good thing! States have been making progress toward a more transparent, efficient payment system. Recent revisions to the Connecticut Little Miller Act and retainage […]

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Subcontractor Goes Unpaid Due to Insolvent Surety

Subcontractor Goes Unpaid Due to Insolvent Surety

When a contractor, sub, or supplier works on a public project, a traditional mechanics lien is unavailable to enforce payment. Generally speaking, private parties cannot encumber public property. For this reason, the Miller Act was passed requiring performance and payment bonds when the prime contract exceeds $100,000 on a federal project. Under the Act, when a […]

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

Mechanics Lien Claims Open The Purse

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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Oklahoma’s Little Miller Act Now Applies To Private Construction on Public Land

Today, the Oklahoma governor signed Senate Bill 1053 (SB 1053) into law, which enacts a tiny change to Oklahoma’s Little Miller Act that can make a significant difference to the state’s bond claim laws. The change effectively makes the state’s Little Miller Act (governing bond claims against state projects) applicable to private construction projects whenever they […]

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A Guide To Louisiana Payment Bond Claims

The Construction Payment Blog welcomes Seth Smiley, who contributes this guest post about payment bond claims in Louisiana. Seth is a partner at Wolfe Law Group, and a contributor to that firm’s Construction Law Monitor blog. He frequently writes and litigates about construction law issues ranging from payment bond claims, workmanship disputes, construction delay matters […]

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Are Bond Claim Regulations The Same In Every State?

If you’re a reader of this blog, you can probably guess the answer to this question. If there is a single theme in the mechanics lien and bond claim world, it’s that there are so few rules that carry over and apply in every state. The same is true for state bond claim requirements. A […]

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How Lien and Bond Claims Against State Projects Work

How Lien and Bond Claim Laws Work

If you’re unpaid on a private (commercial, industrial, residential) construction project, you have the right to file a mechanics lien against the property itself to collect the debt. When working on property owned by the state, this exact remedy isn’t available, mostly because the state government isn’t going to allow anyone to foreclose on its […]

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FAQ: Can I Lien a State Or Federal Project?

How Lien and Bond Claim Laws Work

Short Answer: Yes. Although frequently called a “lien,” it is more accurately referred to as the filing of a claim. Long Answer: I’ve had a number of folks contact me in the past week or so inquiring as to whether they could lien a state or federal project. While some companies have been doing state […]

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Full Text of Nationwide Little Miller Acts Now Available on zien.com

Miller Act Claim Information and Articles

When performing work on a state or federal project anywhere in the United States, contractors, subcontractors and suppliers cannot turn to the state’s generic mechanic lien laws to understand the applicable notice and lien requirements. Following those regular laws could do absolutely no good. Instead, potential claimants must understand a completely different set of statutory […]

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