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Getting paid in the construction industry is complicated, and even if you’ve done everything right, you still may not get paid. If you are considering filing a mechanics lien in California in order to collect the money you are owed, you should be informed about the process and the best way to go about it.  If you are unfamiliar with the process, see our guide to filing a lien in California so you know what…
Texas has some of the most confusing preliminary notice requirements and deadlines in the US. While unnecessarily complicated, these notices are required because they create visibility to improve communication and reduce payment problems. In Texas, multiple notices need to be sent each month to document the amount that hasn’t been paid, and they must continue to be sent until the balance is paid.  Not only are these documents important for creating visibility, but missing a…
3 of the 5 Liens in Dallas County are dealing with the hospitality industry. Have you ever considered what you would do if the $485k you were owed for your labor on a construction contract never wound up in your bank account after paying your workforce, hiring additional contractors, paying for all the materials, and were finishing the project? You could make some rash decisions if you were in this type of predicament. Or, you…
Travis County (Auston, TX) Construction Project growth is mirrored by large lien filings in May. With so much construction growth in and around the city of Austin, Texas (Travis County) it’s no wonder that payment problems and lien filings are swelling. The good news is there’s lots of construction and contracts generating a lot of growth in the economy; the bad news is there’s lots of construction and contracts not being paid for…
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.…