Contingent payment clauses, commonly referred to as “pay when paid”, can be found in almost all Florida subcontracts. Such clauses require an owner to make payment to a contractor first before the contractor has a corresponding obligation to pay a
The Lien Zone
The Lien Zone, published by The Barthet Firm, focuses on legal issues related to the construction industry in Miami and South Florida. The blog covers topics such as construction contract disputes, lien claims, bond claims, payment issues including pay-when-paid and pay-if-paid clauses, warranty claims, bid disputes, job delay damages, payment holdbacks, and change orders. It also addresses workers' compensation in construction, homeowner insurance claims related to construction damage, and legal requirements like the Construction Recovery Fund Notice for residential projects. The content aims to inform construction professionals and homeowners about practical legal solutions and industry-specific regulations.
Latest from The Lien Zone - Page 8
Do You Have a Good Lien?
By Jose Llerena
Florida’s lien law (Florida Statutes §713.001-713.37) can help contractors, suppliers and construction professionals get paid. A good lien can act as a prime motivator in a contractor being paid what he/she is owed. However, the leverage that the…
Sound Contract Practices to Better Protect Your Company
By Alex Barthet
You might be surprised to learn how many business people with a dispute don’t have any written agreement to back up their claim. Sound contract practices protect your company. It’s well worth sticking to these principles any time you agree…
Architect Not Always the Last Word in Construction Dispute
Most construction contracts include a procedure to address claims, with a key part of the process being an initial evaluation, usually by the project architect.The concept is not new. It has been a part of the American Institute of Architects…
Using Construction Liens to Get Paid
By Alex Barthet
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…
Don’t Lien for Non Lienable Services
A general contractor entered into a contract to remodel a house. He hired a number of subcontractors to complete the contracted work. The interior designer wasn’t one of them; she had a direct contract with the owner but she performed…
What to Do With That Check Marked Paid In Full
You are finally getting to the end of that large remodeling project. The wood decking is done, the replacement siding is in and the new kitchen appliances delivered. So you tally up those few remaining change orders and submit your…
What to Do With That Check Marked Paid In Full
You are finally getting to the end of that large remodeling project. The wood decking is done, the replacement siding is in and the new kitchen appliances delivered. So you tally up those few remaining change orders and submit your…
How do I get paid after sending notification to the surety?
By Alex Barthet
You did the work but didn’t get paid. So you sent your notice of nonpayment and backup documents. Why won’t the bonding company pay? Why is it taking so long?It’s important to understand that a surety doesn’t work like…
How do I get paid after sending notification to the surety?
By Alex Barthet
You did the work but didn’t get paid. So you sent your notice of nonpayment and backup documents. Why won’t the bonding company pay? Why is it taking so long?It’s important to understand that a surety doesn’t work like insurance.…