The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

That thick subcontract the GC just sent over is loaded with clauses designed to protect them, not you. In this episode board-certified construction attorney Alex Barthet lets you listen in on a live contract negotiation as he works to level the playing field for his client. Hear the real back-and-forth on critical issues like securing the right to stop work for non-payment, capping exposure on una...

Are you signing away more than you should? In this episode, board-certified construction attorney Alex Barthet breaks down everything Florida contractors need to know about lien waivers and releases – and the costly mistakes to avoid. Whether you’re a GC, subcontractor, or supplier, understanding the type of release you’re signing can mean the difference between protecting your rights...

Doing work for a tenant in a retail space, office, or strip mall? Your standard lien rights might not be what you think they are. In this concise and crucial episode, board-certified construction attorney Alex Barthet reveals why liens for tenant improvements can often be surprisingly weak, sometimes even worthless against the actual property. Alex breaks down how landlords legally protect their a...

In this episode, board-certified construction attorney Alex Barthet breaks down everything contractors and subcontractors need to know about lien waivers and releases. Alex clarifies why the right (or wrong) wording in these documents can drastically affect your rights to payment. You’ll learn exactly which release forms you should use, how to handle conditional releases, and smart strategies to p...

In this episode, board-certified construction attorney Alex Barthet walks you through the foundational principles of Florida’s lien and bond law system. If you’ve ever asked when to record a lien, how to protect your right to payment, or what the difference is between a lien and a payment bond claim, this is the episode for you. Alex breaks down who has lien rights, the critical deadlines involved...

In this episode, board-certified construction attorney Alex Barthet provides  three critical steps  construction professionals must take immediately to protect themselves from tariff-related risks. Learn how to quickly review existing contracts for hidden opportunities, submit timely claims for equitable adjustments, and future-proof new agreements with essential tariff-specific clauses. With clea...

Navigating the complexities of Florida’s lien laws has never been more crucial, especially with the 2023 updates coming into play. In our latest episode of The Lien Zone Podcast, we delve deep into the nuances of  Private Project Notices of Nonpayment (713.23) , emphasizing the importance of serving the Notice of Nonpayment to both the contractor and the surety. But that’s not all. We also shine a...

In the final episode of this three-part series, board-certified construction attorney Alex Barthet walks through the step-by-step process of handling a construction defect claim once it arrives. From initial notification to final resolution, he explains how to respond effectively, involve the right parties, and protect yourself from further liability. Alex also covers key legal defenses, including...

In the second installment of this three-part series, board-certified construction attorney Alex Barthet dives deeper into contract pitfalls, risk management, and legal strategies to protect yourself from excessive liability. From indemnity clauses to insurance misconceptions, he explains how to structure contracts and document your work to avoid getting stuck with unexpected claims and costs. High...

In this 3 part series, board-certified construction attorney Alex Barthet explains the in’s and out’s of Florida’s Chapter 558, construction defects, and warranty claims and how to deal with them. Highlights in this episode: Construction Defects & Chapter 558: Why Chapter 558 is a notice-and-opportunity-to-inspect process, not a claim, and how it helps resolve defect disputes before litigation...

Overview: In this episode, board-certified construction attorney Alex Barthet dives into the details of payment and performance bonds such as the AIA A312 (2010) bond form, and why it’s often preferred by those providing the bond. He also contrasts it with “manuscript” or custom bond forms that enable faster resolutions and broader definitions of default. Whether you’re an owner, general con...

Overview: In this episode, board-certified construction attorney Alex Barthet breaks down the essential deadlines and requirements under Florida’s lien and bond laws. From the nuances between private and public projects to the benefits of tools like the Lien-O-Matic and the Calc-U-Lien , Alex shares practical tips and cautionary tales to help contractors, subcontractors, and suppliers protect thei...

In this insightful episode of TheLienZone podcast, Alex Barthet, a board-certified construction attorney, dives into the essential strategies for extending credit and optimizing collections in the construction industry. As the new yar unfolds, understanding these principles are vital for maintaining cash flow, minimizing risk, and fostering strong business relationships. Highlights Include: Explor...

In this episode of TheLienZone Podcast, Alex Barthet navigates the intricate maze of “Pay-When-Paid” clauses found in construction contracts. Uncover the ripple effects these stipulations can create, often resulting in prolonged payment timelines, economic pressures on subcontractors and suppliers, and the potential escalation to legal battles. Highlights include: Demystifying the nuances of “Pay-...

Payment plans can be a valuable tool for resolving outstanding debts and avoiding litigation. However, it’s crucial to approach them strategically to ensure they are legally sound and protect your interests. In this guide, we’ll explore four key tips for crafting effective payment plans: getting it in writing and signed by the right person, including essential terms in the agreement, o...

Understanding lien rights, especially when dealing with tenant build-out work, is crucial. In this episode, we’ll delve into the intricacies of lien laws and how they can impact your bottom line. We’ll explore the challenges associated with tenant build-out projects, such as lease restrictions and the potential for limited lien rights. By understanding these complexities, you can take...

Subcontractors often face challenges getting paid on time.  This episode of the podcast will explain the steps subcontractors can take to get paid faster.  We will explore the significance of well-drafted contracts, emphasizing the importance of avoiding problematic pay-when-paid clauses and incorporating stop-work provisions. Additionally, we will discuss the vital role of lien rights in securing...

Understanding the intricacies of lien laws and avoiding common pitfalls is crucial for anyone involved in the construction industry. Today, we’ll navigate the complexities of lien law traps, shedding light on potential missteps that can jeopardize your financial interests. By delving into the fundamental rules, timing requirements, and critical considerations, we’ll equip you with the...

Dealing with bad checks and credit card chargebacks is an unfortunate reality in business today. These financial setbacks can impact a company’s bottom line. To mitigate these risks and ensure timely payments, it’s essential to understand the legal implications and effective strategies for handling such situations. We’ll delve into the civil and criminal penalties associated with...

Florida’s Construction Lien Law is filled traps for the unwary and tricks for the cunning.  In this episode, we will explain where and when the traps could be sprung as well as when and how to use the tricks.  We will explore things such as Notice of Contest of Liens, 20 Day Summons to Show Cause, bonding off a lien, Requests for Sworn Statement of Account, and amending a lien after it was recorde...

Construction lien waivers and releases are as essential to the construction process as hammers and nails.  If you want to get paid, you need to give a release.  If you have to pay someone, you better get a release.  And in both cases, because words matter, understanding what they say and how they work is critical.  In this episode, we will delve into the best practices for exchanging waivers and r...

Florida’s lien law is complicated!  In this episode, we outline the step-by-step procedures involved in filing a lien, including crucial deadlines, necessary documentation, and legal considerations. By carefully following these guidelines, contractors, subcontractors, and suppliers can increase the likelihood of getting paid. In this second part, we will discuss serving a notice to contractor, exc...

Navigating the complex landscape of construction contracts in Florida requires a solid understanding of the legal framework governing agreements, lien rights, and essential contract terms. While verbal agreements are enforceable, the added security and clarity of written contracts are paramount in preventing disputes and ensuring a successful project outcome. This first part of the podcast provide...

In this episode, we’re unpacking three common yet avoidable lien release mistakes that can have costly implications. We begin by examining the critical importance of selecting the correct form. Whether you’re a General Contractor or a subcontractor, choosing the right release form – narrow when receiving payment, broad when paying – is essential, and your contract may bind you to a spe...

Join Alex Barthet for an insightful discussion with Eric Helitzer, LEED AP, Founder & CEO of SubBase , and Elizaveta Taylor, Founder of Beyond Books Solutions , as they delve into the critical role of cost codes in construction project management and profitability. In this episode, we cover: Accounting Essentials: The backbone of financial management in construction. Job Cost Accounting: Under...