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Substantial Completion on Colorado Construction Defect Actions

Substantial Completion on Colorado Construction Defect Actions

As we have discussed before, knowing your deadline to file a lien requires knowing when the clock starts. This date is often referred to as the substantial completion date or project completion date. Depending on the state, this date can vary between the date when the entire project has been completed or when your work on a […]

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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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Changes To Texas Lien Law May Be On The Horizon

Changes To Texas Lien Law May Be On The Horizon

Texas is infamous for having what may be the most confusing, jumbled set of lien laws in the nation. As it stands, the state’s notice requirements are a mess, yet remain toughest in the country. Texas construction attorneys have taken notice of this issue, and since 2013 a group has been working to make changes to Texas lien […]

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Ohio Bans Contractor Hiring Requirements on State Projects

Ohio Bans Contractor Hiring Requirements on State Projects

In construction, hiring is everything. Owners want to hire reputable contractors known for good work. Contractors look to hire trusted subcontractors and suppliers in order to minimize defects and payment issues. For these reasons and more, hiring in the construction industry can make or break a project. When contractor hiring requirements are imposed by state or […]

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No Laws For Prompt Payment in Canada

No Prompt Payment in Canada

Prompt payment laws are incredibly important in the construction industry. Without them, there is little legal muscle to force payments down the chain. Essentially, these laws ensure that parties at the top of the payment chain pay subcontractors in a timely fashion by establishing deadlines and penalties. For example, the deadline for payment in California […]

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Louisiana Claims for Payment Must Follow Procedure

Louisiana Claims for Payment Must Follow Procedure

Jumping through procedural hoops is a constant struggle when dealing with lien law and bond claims. Even the smallest misstep can destroy chances at recovery, and failure to meet lien or bond claim deadlines is one of the most common reasons for the dismissal of claims. Like most states, the Bayou State takes procedure very seriously. This was […]

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Construction Payment and Financial Risk: A Primer

This article was originally published on November 25, 2014. It was updated on August 4, 2016. The way that payment works in the world of construction projects is unique. The credit heavy nature, the high number of businesses involved, and the lack of visibility into who is doing what work, make payment issues all-the-more likely […]

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Supreme Court Rules on the False Claims Act

Supreme Court Rules on the False Claims Act

The Supreme Court may not be the highest court in the land, but when the Court rules, it’s best to pay attention. Recently, a Supreme Court decision helped clarify how the False Claims Act should be applied. While this case involved the medical industry, the False Claims Act applies to all parties that contract with the Federal […]

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Are Mechanics Lien Holders Entitled to Notice of Foreclosure?

Are Mechanics Lien Holders Entitled to Notice of Foreclosure?

Virginia has a special relationship to mechanics liens, as many attribute the modern mechanics lien to Thomas Jefferson. A little more recently, Virginia has made strides in establishing fair lien practices. In a recent case, a Virginia contractor represented himself against JPMorgan Chase in lien proceedings. While there were plenty of issues with the contractor’s pro […]

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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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