They are a big problem for all subcontractors and suppliers – those pay-when-paid provisions stating that payment won’t be due until and unless it is first paid by the owner. This shifting of the risk of non-payment from a general contractor to its subs and material suppliers has found its way into most every construction …
One of the many reasons parties hesitate to file a court action to recover money owed is the cost of litigation and the length of time it takes to obtain a judgment. The Florida Legislature recognized this problem and set out a workable solution providing for swift payment. There is a little-known provision within Florida’s …
Partial & final waivers, properly crafted, can be your friend. They can bring a level of certainty to an often uncertain business. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds …
Exchanging a release for a check – or a check for a release – should be done with careful attention to the wording and meaning behind the document. Whether you are a general contractor or a subcontractor, what you want to give in a release, and what you want to receive, depends on your position. …
Yes. Understanding how you benefit from having a lien to begin with – even better. A lien secures your right to be paid for any improvement you have made to real property or materials you have furnished for that purpose. The lien places a hold, called an encumbrance, on that property (or in some cases on a …
On this episode, we will discuss in detail the answer to one of the most common questions we receive in our construction law firm, if I’m not getting paid, take my materials back? You need to consider the following. The right to repossess and remove shall extend to materials whose purchase price does not …
Using construction liens to get paid can be an effective way to protect your work – if you follow the lien rules. A lien is an encumbrance – a legal hold. This hold is placed on real property for the value of the work and materials you provided but for which you haven’t yet been …
A payment bond secures one’s right to be paid on a construction project. Do you know how and when you should make a claim on a payment bond? Listen to this episode and find out. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on …
Your contract may just be a handshake, a purchase order or a simple one-page agreement, so it probably says nothing about stopping work. Work stoppage provisions are most often found in those longer and more significant contracts usually on larger jobs. Most sophisticated contracts address work stoppage as a specific issue. On this episode, Alex will …
Many folks don’t understand how important it is and why legally it is essential that you read and understand what your lien release says. We’re going to discuss some very specific things you can do to increase your chances of protecting yourself when you exchange your release for payment. Make sure to follow us on …