If you get involved in litigation, especially litigation with significant dollar exposure, you’ll likely come across a proposal for settlement. Either your opposition does one or you or your legal advisor suggest you consider filing one yourself. Here’s how proposals for settlement
The Lien Zone
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What Does it Mean to Have Lien Bonded Off?
By Alex Barthet
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…
Lien Only For Lienable Work
Liens are great tools to help contractors get paid what they’ve owed. Do work to improve a real property and you can rely on your lien rights to secure your payment. When a general contractor entered into a contract to…
Construction Contract Clauses You’ll Need Post Virus
By Larry Cook
This pandemic has brought a lot of things into better focus. We no longer take as much for granted, and those terms we so quickly skimmed over in our construction contracts in the past, we now realize require a closer look. …
Indemnification More Available Than You Might Think
Indemnity is a term familiar to those in construction. Basically, indemnity shifts fault for damages or losses from one party to another. It is generally contractual, where one party agrees to assume responsibility by means of a written agreement, holding…
COST OVERRUNS AND MATERIAL SHORTAGES: The New World Order in Construction
By Alex Barthet
We’ve all noticed that the price of just about everything has gone up in the last year. And if that isn’t bad enough, obtaining many of the materials needed in construction has gotten very difficult. This combination of price escalation…
I recorded a lien. What happens next so I actually get paid?
By Alex Barthet
The lien is a powerful tool at your disposal to increase your ability to get paid. As an encumbrance, or a hold on real property, it creates a cloud over the legal title preventing the sale or refinance of the…
Your Invention Should Be Protected
They say necessity is mother of invention. That was surely true for Johan Vaaler who in 1899 decided he was tired of having to sew pages together to keep them organized. Voila, enter the paper clip. This wasn’t the case…
Sharing Fault: Architects and Contractors on the Line
In a number of jurisdictions, it has been the case that an architect can be held liable to a contractor if that contractor is damaged by the architect’s negligence. This is true even if the contractor and architect have no…
Four Options to Handle Construction Disputes
By Alex Barthet
If you’re in the business of construction, you’ve surely encountered disagreements on the job. It’s inevitable. Whether the problems arise from an unhappy owner who doesn’t believe the project is progressing correctly or a frustrated contractor who doesn’t want to…