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Projects on an Embassy – Any Rights?

A recent visitor to zlien.com posed an interesting question: What rights does a party have after performing work on (or furnishing materials to) a project on an embassy? This got me thinking – do special rules govern projects of this type, or do they just fit in to the existing structure already set out?  And, do the [...]

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Minnesota Bond Claims Effective Upon Mailing, Not Receipt

Earlier today we wrote about a recent decision from the Minnesota Court of Appeals whereby a bond claim was invalidated based on a tiny technicality about which address the notice of the claim was sent.  That blog post focused mostly on the result of the case and the reasoning supporting that result. While clearly important, the appeals [...]

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Bond Claim Invalidated Based On Tiny Technicality In Minnesota

In Safety Signs LLC v. Westfield Insurance Co, the Minnesota Appeals Court issued a decision that feels clearly wrong. In response, the case was appealed to the state’s highest court, and the American Subcontractors Association has submitted an application to file an Amicus Curiae brief requesting that the appeals decision get overturned. While this case should [...]

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Dispute Between General Contractor and Surety Good Demonstration On Why and How Bond Claims Work

Although I typically write from the claimant’s perspective on this Lien Blog, every now and again I run into a case or article about the bond and lien claim process from the perspective of other parties that are revealing to claimants.  Such is the case with a news article from ENR.com about a bonded general [...]

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Tips In Making A Payment Bond Claim

I love the start of Craig Martin’s article – Compliance is Key – Proving Your Bond Claim – on his Construction Contractor Advisor blog:  ”Bonding companies can make it difficult to pursue your claim.” The statement is unfortunate, but true. Whether the difficulty is created by design or if standard bureaucratic disorganization is to blame, the fact [...]

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Two Options to Get Paid on New Jersey Public Projects

When a party is unpaid on a public project, the general route to recovery is through filing a bond claim.  Governmental and public entities generally cannot be liened, so security for parties who furnished labor and/or materials to the project is not tied to the land or improvement itself, but rather, to a payment bond [...]

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Mechanics Lien Or Bond Rights When Working On University Construction Project

Last week I wrote an article about how the “Miller Act Applies When Doing Work In The Nation’s Attic,” referring of course to the Smithsonian Institute. The point behind the article was that while some construction projects are clearly state, federal or private, the waters are muddy in other instances. One such instance was with the construction [...]

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Mechanics Lien Best Practices on Best Practices Construction Law Blog

There are a handful of construction law blogs I monitor to stay abreast of construction law issues (and mechanics lien laws).  The Best Practices Construction Law blog published by Matthew DeVries is one of these, and has been for a number of years. It’s one of the best out there, as every post contains a [...]

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Presentation on Arizona State and Federal Payment Bond Claims

If you have an hour and a half to watch a very dry presentation on filing a payment bond claim on a state or federal project in Arizona, this is the video for you! The video and presentation was produced by Baird, Williams & Greer, LP, who have produced a number of these videos hosted [...]

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Massachusetts Court Rules Subcontractors Cannot Waive Bond Claim Rights

Massachusetts’ statutes explicitly render void and unenforceable contractual clauses where a party waives its right to file a mechanics lien. ALM GL ch. 254, § 32. The state’s courts, however, were never called upon to decide whether the same is true respecting contractual clauses waiving a party’s right to file a bond claim against a [...]

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What To Do After You File A Bond Claim

Filing a bond claim is an effective way to get paid on a state, county or federal construction project, but it’s very common for things to get very quiet after a bond claim.  What is going on?  When can you expect to get paid?  And is there anything you can do to push your claim [...]

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