Construction Lien Law: What You Need to Know to Protect Your Company
One of the most common protections for laborers, contractors, suppliers, and others providing construction services or materials for a project is the right to a lien against the project property for the value of the work...more
In 2022, amendments to the Prompt Payment and Construction Lien Act (PPCLA) introduced a prompt payment and related fast-track adjudication process. Recently, in Welcome Homes Construction Inc v Atlas Granite Inc, the...more
Washington’s construction lien statute, RCW 60.04, balances the interests of persons performing work to improve real property with the interests of property owners in avoiding the necessity of paying for the same work twice....more
The premier event for Canadian construction professional and their counsel is back to Toronto! Rebranded as the 16th National Conference on Navigating Risk in Construction Projects and Contracts, this annual event will...more
Legal disputes arising from construction projects commonly involve lien claims (in the case of private construction projects) or payment bond claims (in the case of public construction projects) asserted by a general...more
Florida’s Construction Lien Law, F.S. 713.001 et seq., was recently amended and includes important changes effective October 1, 2023, about which contractors should know. The following is a brief summary of the changes for...more
Lien on Me – Florida Edition 2023 - Florida’s Construction Lien Law, F.S. 713.001 et seq., was recently amended and includes important changes effective October 1, 2023, about which contractors should know. The following is...more
A construction lien is a legal mechanism that helps protect contractors, subcontractors, and suppliers (collectively the “Lien Claimant”) from non-payment for their work on a construction project. In Ontario, construction...more
It has been several years since a New Jersey court has issued a decision relating to the New Jersey Construction Lien Law, but a recent case decided by the Supreme Court of Nebraska, Echo Group, Inc. v. Tradesmen...more
Key Highlights - - Pursuant to the Prompt Payment and Construction Lien Act (the PPCLA), previously known as the Alberta Builders' Lien Act, funds paid following the issuance of a certificate of substantial performance are...more
In my last post, I discussed ways subcontractors can protect themselves from waiving their right to lien before the owner pays. However, what if an owner pays its general contractor (GC), but the funds never make it to the...more
Key Highlights - - Interest of innocent third party without notice not an absolute bar on rescission remedy. - Lenders, project companies, subcontractors and suppliers should seek risk mitigation measures to decrease...more
Here are some ideas about how contractors can manage risk through a construction contract. These ideas may be useful to owners as well. One foreseeable risk is breach. If a contractor’s work is defective, the owner may...more
My colleagues and I recently provided key updates on supply chain disruption, liens, and licensing boards during the firm’s 2021 Construction Conversations Webinar. In the Rapid-Fire Legal Update session, we covered a...more
In its March 11, 2021 opinion, Division Three of the Washington Court of Appeals considered whether the 90-day period to record a claim of lien is extended by a contractor performing work after substantial completion to...more
The Tennessee legislature recently passed the Construction Industry Payment Protection Act (“CIPPA”), SB2681/HB2706, which offers significant changes to the Tennessee construction industry. Not only does the act amend...more
As the economic crisis stemming from the coronavirus pandemic unfolds, it is ever more important that contractors and subcontractors protect their payment rights and avoid the risk of double payment; i.e., the risk of having...more
In the course of managing a construction company, its projects and people, contractors, subcontractors, and owners, are likely to run into legal issues beyond simple claims. In this webinar, Michael McKenna will identify some...more
The COVID-19 pandemic has caused more than just health concerns for our community—it has also created significant economic concerns. Jobsites are shutting down across the country and contractors are afraid that project...more
Changes to Remedies in Lien Enforcement Actions - New legislation in Tennessee has limited the recovery of attorney’s fees, expenses, and actual and liquidated damages in instances where a real property owner seeks to...more
Under Oregon law, a contractor or subcontractor must file a construction lien within 75 days “after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction,...more
Whether you are the owner or the general contractor, dealing with mechanic’s liens filed by subcontractors or suppliers can be frustrating and, in some cases, present the very real threat of having to pay twice for work or...more
Contractors and suppliers are sometimes challenged to secure a claim for past due payment with a lien on the project, all subject to lien laws that vary throughout the United States. In Arizona, as in most states, the...more
With the close of the latest Tennessee legislative session, this Construction Law Alert discusses newly enacted statutes and significant legal issues affecting the construction industry in Tennessee. The goal is to provide...more
The subcontractor's sworn statement is one of most effective tools that contractors can use to ensure that lower-tier subcontractors and suppliers receive adequate payment throughout the job, yet many contractors either fail...more