Architect and Engineers Get No Respect from Miller Act

The purpose of the Miller Act is to provide security of payment to those who perform work on a Federal Project, but do not have a direct contract with the owner. The Miller Act requires that a “payment bond” be procured on all Federal Projects, which inures to the benefit of the subcontractors and suppliers. […]

Residential Collections Harder In Pennsylvania

Collecting money is always a challenge, but is even more of a challenge for contractors or subcontractors doing work on residential building projects in Pennsylvania.   While placing a mechanics lien or a construction lien on a property is one way to secure payment, there are several other steps to follow to keep those accounts receivables down to a manageable level.  […]

Residential Construction Protection Makes Its Way Into Oregon Lien Law

Just a reminder that Oregon’s construction lien law was amended with two fairly important changes. Both amendments relate to Oregon residential construction liens.  When entering into a contract with a homeowner, Oregon prohibits the owner from waiving its protection from potential claims of Oregon Mechanics liens. Oregon also has added a clause to the law that prohibits unlicensed subcontractors, or those supplying materials, equipment […]

North Carolina Court Holds that Waivers Affect Mechanics Lien Rights

Be careful when signing waivers: they do exactly what they say they do: they can waive your rights to money and the right to file a mechanics lien. In Wachovia Bank v. Superior Construction Corporation the court found that a waiver submitted in connection with a progress payment waived rights to make North Carolina mechanics lien claims […]

Utah Amends Laws to Protect Contrators and Subcontractors

Utah’s mechanics lien law was amended to take into account the rising number of bankruptcies. It is wise to be mindful of implications bankrupcty may have on the filing of a construction lien; or the implications the filing of a construction lien may have on a decision to file for bankrupcty. The mechanics lien laws have potential impact on how a […]