Is your lien worthless? Can you lien a leased property? There’s a popular misconception that doing work on a leased property for a tenant means you can’t protect yourself when it comes to getting paid. Not true! But doing work for a tenant does mean you need to take specific steps to have rights and …
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 property. When you place a lien on a piece of property that you have improved …
Over the years we’ve covered just about every term that you should include in your construction contracts. This time, we are doing things differently by explaining 3 contract terms that should NOT be agreed to when taking on a project. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media …
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 …