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

A construction lien is a right permitted to those in the construction industry who provide materials, services or labor to real property. If one who provides these services or materials are not paid, he or she may be able to force the sale of the property in order to recover their money. Make sure to follow us on  YouTube  and social media including  Instagram ,  LinkedIn  and  Twitter  to get a j...

Happy New Year! It is important to understand the difference between liens, bonds, and collections. Liens are a legal claim on a property to secure payment of a debt, while bonds are a form of insurance against financial losses resulting from non-performance. Collections are the process of recovering money owed to an organization, often through the use of collection agencies. Knowing when and how...

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 another harmless from the consequences of its actions or omissions. Indemnification shall always be a critical element in construction. Contract...

A construction lien is a right permitted to those in the construction industry who provide materials, services or labor to real property. If one who provides these services or materials are not paid, he or she may be able to force the sale of the property in order to recover their money. On this episode, we will cover deadlines associated with most, but not every, construction lien. But if you bel...

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 exceed the amount due to the repossessing lienor. If the materials have been partly paid for,...

Hey everybody! Today we’re going to talk about the notice to cure. These are all very import­ant topics that you need to understand for your next project. 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 const...

The ability to accept payments from customers is critical for any business. Whether you use cash or credit cards, or even checks, it is important that you are able to process payments in a timely and efficient manner. Unfortunately, there are times when something goes wrong and you may need to deal with a chargeback or a bad check. On this episode, I’ll discuss how to deal with credit card chargeb...

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, can I stop working, and if I do, how do I get paid? To determine whether or not to stop working if you are not getting paid, you need to consider the following. What does your contract say about stopping work? What is the status of the work and...

What is retainage? ​  Retainage is standard in many construction contracts as an incentive for the contractor to perform their work in a satisfactory manner. When retainage is used, the contractor will receive a percentage of their contract price as portion of their payment at the start of a project. These retainage payments are typically withheld until the project is completed and a final inspect...

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 exceed the amount due to the repossessing lienor. If the materials have been partly paid for,...

A construction lien is a right permitted to those in the construction industry who provide materials, services or labor to real property. If one who provides these services or materials are not paid, he or she may be able to force the sale of the property in order to recover their money. Make sure to follow us on  YouTube  and social media including  Instagram ,  LinkedIn  and  Twitter  to get a j...

Hey everybody! Today we’re going to talk about the notice to cure. These are all very import­ant topics that you need to understand for your next project. 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 const...

Contracts are often complex documents filled with jargon and legalese. In order to make sure your business gets what they deserve out of every project, you need to know exactly what these clauses mean for your company. In this episode, Alex, Wade, Rob, & Stephen share their top 3 pay-when-paid provisions, retainage and lien waivers. We also discuss some free tools that will help you better und...

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 another harmless from the consequences of its actions or omissions. Indemnification shall always be a critical element in construction. Contract...

Almost as prevalent as those pesky pay-if-paid provisions are those no damage for delay clauses. Found in most every construction contract, these clauses seek to bar the prospect of any delay damages and to limit the remedy for delay to just a simple extension of time. Not especially equitable, right? But there are ways to deflect these clauses. Many jurisdictions hold that a no damage for delay p...

A contractor may encounter conditions during the course of work that were not anticipated. These can include unforeseen subsurface conditions, changes in local ordinances, or unanticipated costs. For example, if an excavation collapses because it was improperly prepared, the owner would be liable for the cost of repairing or replacing the collapse. In order to avoid being held responsible for expe...

Across the industry, homeowners, contractors, subcontractors, and suppliers alike have all experienced significant challenges related to the unprecedented increases in costs of raw materials. Lumber and steel represent two notable markets that have undergone seemingly uncontrollable price increases. Because both lumber, and steel form the bedrock upon which so much of our construction takes place,...

A pay-when-paid provision in a construction contract generally means that a contractor is not liable for payment to its subcontractors until such time as it is first paid by the owner. In the context of litigation, a defense based on a contractual pay-when-paid provision might assert that a plaintiff subcontractor is not entitled to receive payment unless the owner first pays the contractor for su...

Small claims courts offer debtors a convenient alternative because they do not require attorneys.  If you are owed money and are thinking about taking them to court yourself, this podcast will help you understand what you’re up against and how works in Florida small claims court. Make sure to follow us on our dedicated construction site as well as our podcast , YouTube videos and social medi...

We have seen a lot of mistakes folks make when it comes to issuing lien releases. In this podcast, we are going to discuss the three most common lien release issues and how you should approach each. Don’t skip this episode we’ll explain why these are mistakes you can’t afford to make. Make sure to follow us on our  dedicated construction site  as well as our  podcast ,  YouTube videos  and social...

Getting paid faster is something every contractor wants. Today’s construction market brings unique obstacles, and legal help is more important than ever. Join us to learn the steps you need to take to make sure you are getting paid for your work in 2022. Alex Barthet is a trained mechanical engineer who is now a board-certified construction lawyer in the Miami area. His firm was started by his fat...

Hey everybody! Today we’re going to talk about the notice to cure. These are all very import­ant topics that you need to understand for your next project. 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...

A construction lien is a right permitted to those in the construction industry who provide materials, services or labor to real property. If one who provides these services or materials are not paid, he or she may be able to force the sale of the property in order to recover their money. On this episode, we will cover deadlines associated with most, but not every, construction lien. But if you bel...

As a construction lawyer, we deal with lots of project disputes. But what is there was a way to avoid the dispute all together? Today we talk with Sue Dyer of sudyco (https://sudyco.com/) and she explains the 3 principles you can use to solve problems on your project before they turn into litigation. Make sure to follow us on our dedicated construction site  as well as our  podcast ,  YouTube vide...

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, can I stop working, and if I do, how do I get paid? To determine whether or not to stop working if you are not getting paid, you need to consider the following. What does your contract say about stopping work? What is the status of the work and...