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Construction contracts: Everything you need to know

November 15, 2016 By Nancy Cleveland

hardhatContracts are crucial components of the construction process, but they can be among the most complicated and controversial aspects as well.

As the industry shifts to increasingly collaborative project delivery methods and adopts new materials and technologies, construction professionals need to stay up to date on the how the legal landscape is evolving — or not — to ensure their work is verified and protected.

In the latest monthly series of articles published by Construction Dive, an in-depth look at the evolving world of construction contracts and project delivery is presented.

The series covers the period from bidding to close-out, including project delivery and contract type, terms and conditions, and additional factors to keep in mind.  To see all the details, click on this link: http://www.constructiondive.com/news/construction-contracts-resource/429229

Filed Under: Contracting Tips Tagged With: change order, construction, contract close out, contract type, mechanics lien, payment bond, performance bond, project man, subcontracting, terms and conditions

How construction contractors can use mechanic’s liens to avoid getting ‘burned’

April 29, 2016 By Nancy Cleveland

Mechanic's LienGetting paid in the private construction business — whether it involves a particularly evasive general contractor or an owner who’s in a tight financial spot — can be a challenge. Fortunately, no matter the size of their legal budgets, contractors have an alternative to waiting out a check indefinitely, and it’s called a mechanic’s lien.

Mechanic’s liens, usually the collection tool of last resort, protect a contractor’s interests by creating an encumbrance, or monetary claim, on the project property, be it commercial or residential. The lien is public record, and, much like a loan on a vehicle or a mortgage, it must be satisfied — paid— before the owner can provide clear title to a buyer or another lender in case of a refinance. Unlike a home or auto loan, however, mechanic’s liens exist specifically to ensure that those who provide services and materials to a construction project are paid.  

Steps to filing a lien

In most states, the right for contractors to file a mechanic’s lien is not automatic, as there are some legal hurdles to jump. Usually within a certain timeframe, contractor must let the owner know in writing that they are providing services to the project, and notice has to be given in a way that can be proven down the road — such as certified mail, overnight delivery or hand delivery with a signed receipt.

Keep reading this article at: http://www.constructiondive.com/news/how-contractors-can-use-mechanics-liens-to-avoid-getting-burned/418037/

Filed Under: Contracting Tips Tagged With: construction, lien, mechanics lien, payment bond, payments

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