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Even Attorneys Struggle With Lien Law

Law Office Failed Miserably Against Lienors

A recent Michigan case serves as a pretty fair tutorial on Michigan lien law, maybe even moreso than what we’ve provided with our 5 things to know. The property here was actually a law office, and the owners’ unfamiliarity with mechanics liens was glaring. In the end, the mechanics lien was enforced on appeal, but not before the […]

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The Basics of Recovery on Federal Projects: The Miller Act

The Basics of Recovery on Federal Projects: The Miller Act

The Miller Act was passed to provide an opportunity for subcontractors and suppliers to recover for unpaid labor and material on federal projects, since mechanics liens cannot be filed against public property. For federal projects where the prime contract exceeds $100,000, the Act requires that general contractors provide performance bonds and a payment bond sufficient to cover the entire amount […]

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Bond Claim Deadlines

Bond Claim Deadlines

We spend a lot of time discussing mechanics liens here at zlien. But mechanics liens can only be used to secure payment when the project in question is residential or commercial. If contractors, suppliers, equipment lessors or other parties are unpaid on federal, state, or municipal projects, filing a bond claim is the best means of […]

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Lien Waiver Red Flags

Lien Waiver Red Flags

Lien waivers are a commonly exchanged document in the construction industry. Typically, the paying party requires the receiving party to execute a lien waiver acknowledging that they have received payment and waive any future rights to file a mechanics lien on the project in question. Since lien waivers are so frequently exchanged, the documents are […]

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Why You Should Send Preliminary Notice Even If It’s Not Required

Why You Should Send Preliminary Notice Even If It's Not Required

Most states require that contractors, suppliers, and other participants on construction projects send some sort of preliminary notice in order to secure lien rights. In states with preliminary notice requirements, failing to send notice is often fatal to a mechanics lien or bond claim. It is still generally incredibly beneficial to send preliminary notice even […]

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When to Use an Unconditional Lien Waiver

Unconditional Lien Waiver

Anyone furnishing labor or materials on a construction project may be entitled to file a lien if they are not paid. Parties at “the top” of the contracting chain – such as the property owner, lender, or general contractor – are highly motivated to successfully complete the project without having any mechanics liens or bond claims […]

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Why You Shouldn’t Rely on Your General Contractor to Get You Paid

Why You Shouldn’t Rely on Your General Contractor to Get You Paid

Relationships are an essential part of any business. In fact, one of the main ways construction companies maintain and grow business is by forming positive relationships with customers that lead to future contracts or referrals. Sometimes, however, construction companies rely too much on relationships. If there is a customer that always pays on time and […]

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

Signing a Lien Waiver

To sign or not to sign? Lien waivers are used all the time in the construction industry. Typically, the party making payment will request or require that the party receiving payment sign and execute a lien waiver as part of the exchange of payment. It is pretty clear why those making payment want the payee […]

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Louisiana Monthly Notice Requirements for Suppliers

Lousiana material supplier - notice of non-payment

  Notice vs. Non-Notice States As a construction attorney practicing in multiple jurisdictions, I typically classify a state as either a notice or a non-notice state. I do this to help keep things simple—the notice vs. non-notice classification is very general. I practice in Louisiana and California. Generally speaking, California is a notice state and […]

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