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Pay if paid clauses are generally frowned upon in the construction industry. However, a recent case shows that pay if paid clauses are clearly enforceable in Alabama. Pay if paid clauses, generally Pay if paid clauses, by and large, are looked down upon. These provisions attempt to shift the risk of nonpayment down the payment chain. So, when a construction contract contains pay if paid clause, payment won’t be made on that contract until the…
The Virginia preliminary notice requirements are particularly unique compared to other states. Although not generally required, they may be under certain circumstances and could affect the amount of protection a mechanics lien can provide. Let’s take a look at how Virginia preliminary notices can help you get paid what you’ve earned on your next construction project. What is a Virginia preliminary notice? The state of Virginia as a rather interesting preliminary notice scheme. In most…
Any contractor or supplier working in the state of Nevada should be familiar with the Nevada preliminary notice. It is an incredibly important step in the mechanics lien process. These notices not only secure the ability to file a mechanics lien but also provide numerous other benefits that can help you get paid faster. Read on to find out all you need to know about the preliminary notice requirements in Nevada. What is a…
Joint checks can solve a lot of problems within the construction payment chain. But, they can create new problems, too. Like – what happens when one party to a joint check refuses to endorse or deposit the check? Joint checks in general Joint checks can help make sure that everyone gets paid what they’re due. In a normal, non-joint check situation there’s one payor (the party making payment) and one payee (the party receiving payment).…
A Georgia Notice of Commencement is an invaluable tool for owners and property developers alike. There is always risk associated with every construction project, and property owners are the ones who are bearing the most. Besides ensuring that the project is successfully completed, one of the biggest risk facing owners if the possibility of a mechancis lien being filed on the property. Any subcontractor or supplier can file a mechanics lien if they provided labor or…
A mechanics lien is an incredibly powerful remedy for nonpayment in the construction industry. However, a mechanics lien isn’t just a piece of paper, but rather an entire process. Each step and requirement must be met in order to secure the right to lien. But getting that piece of paper filled out properly can make or break your mechanics lien claim. One issue that constantly arises is how to correctly fill out your lien claim form.…
An integral step of the mechanics lien process in Illinois is to be sure that you’ve complied with any preliminary notice requirements. Not only do they help secure lien rights when they are required, but provide a number of other benefits to all participants on the project. This article is meant to provide contractors and suppliers everything they need to know about sending Illinois preliminary notices. What is an Illinois preliminary notice? Preliminary notices across…
The next time Tennessee residential contractors renew their license, there will be a new requirement to look out for. Beginning January 1, 2020 residential contractors must complete eight hours of continuing education every two years following a recent legislative amendment. Tennessee contractors license renewal: Residential contractors must continue education You can read TN HB1064 for yourself here, courtesy of LegiScan. Bass, Berry & Sims also discusses it here, among other recent TN construction…
Making a claim on a bond in Florida has a lot of specific requirements and deadlines that must be met in order to secure the right to payment through a bond. Florida legislature has new changes coming to the payment bond claim process, specifically to the Florida Notice of Nonpayment. It is crucial that all contractors and suppliers working within the state be aware of and comply with these changes. Read on to find out…
Whether you’re working on one project with lots of different owners or on a contract that covers work on many different properties, you may find yourself needing to file multiple liens at once. In this post, we walk you through the steps to file multiple mechanics liens fast. Filing multiple liens at once can be a struggle Filing a lien may be overwhelming, but with so many quick and easy options for preparing your…