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

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 paid. Someone who owns a piece of property cannot sell or refinance that property without resolving the issues connecte...

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,...

Say you are building out a restaurant in a strip mall or an office in a high-rise building. If the tenant contracts for the work, then whether you are a supplier to the electrician or the electrician, your lien most likely attaches only to the tenant’s interest. That interest isn’t ownership – just the right to possess that space in exchange for rent. And that can do little to satisfy your need to...

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’re going to talk about your fleet, and we have the preeminent expert of fleet management on the show, Kenny Tyson of Enterprise Fleet Management. Are you concerned about the current state of buying cars and trucks? You know its bad when you turn on the news to you hear that they impossible to find, and the prices are going through the roof. How hard is it for construction...

There are gaps in your insurance and filling them first requires knowing where they are.   In this podcast, Alex Dopazo of Dopazo Insurance explains several places where you likely have gaps in coverage and the various options to fill those gaps.   He also talks about the gaps that can’t be filled and what you should do about those.   To contact Alex Dopazo, you can find him on his web site, https...

A Notice of Nonpayment, similar to a lien, is a document that’s sent to the bonded contractor and his or her surety, advising them that you’re owed money on a job and you intend to look to the bond to be paid. You surely don’t want to squander your claim against a surety bond; that bond is there to guarantee that you can get paid for the work that you do on a particular job. On this episode we wil...

This is a tight labor market and construction is at the top of the list of industries that is suffering.   This is in large part due to a combination of a history of insufficient talent, a lack of emphasis of construction as a viable career, and the recent demand for construction professionals.   On today’s episode, we speak with Suzanne Breistol, founder of Florida Construction Connection, and sh...

Construction contracts are complex, and understanding their complexity is critical to managing your risk on a construction project. Today we talk with Josh Levy of Document Crunch, an AI platform that analyses construction contracts to help level the playing field. Make sure to follow us on our  dedicated construction site  as well as our  podcast ,  YouTube videos  and social media including  Ins...

Insurance in the construction industry is filled with landmines.  Knowing where they are takes the help of a seasoned insurance agent.  Marcus and Magda talk about how they navigate this minefield together.  In this episode we talk about certificates of insurance do’s and don’ts, additional insured endorsements and how they can go wrong, handling deductibles in OCIPs and CCIPs, and ensuring you in...

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...

On this episode,  We are sharing the top 3 project documentation tips for GC’s, subs or pretty much anyone who works on a construction project. Documentation can save you time and money when it comes to a dispute on a project. Make sure to follow us on  YouTube  and social media including  Instagram ,  LinkedIn  and  Twitter  to get a jump on your competition. About Alex Barthet Alexander Ba...

The form of partial and final waiver of release that you should use depends primarily on where you are in the chain of contracts. Are you the general contractor? Are you a subcontractor? Are you a sub-subcontractor or a supplier? The general rule is this.­ Try to give the narrowest release possible when you are the one being paid. That is, giving away the fewest amount of rights when you are recei...

Certain construction bonds offer a level of protection against financial loss if a contractor fails to do what was promised. Whether a performance bond or payment bond, construction bonds are a necessary form of insurance for project owners, especially on large dollar jobs. In this episode, board-certified construction attorney Alex Barthet explains how and when a sub can make a bond claim. Make s...

Missed our LinkedIn Live broadcast? How to deal with material price escalation. Listen as we will discuss various strategies if you are already in a contract and material prices are going up. We will also discuss specific contract provisions to put in your contracts today to account for material and labor increases, shortages, and delays. Make sure to follow us on  YouTube  and social media includ...

In this episode, we are joined by Sean Burton with Nielson, Hoover & Company.  Throughout the years, Nielson, Hoover & Company has developed a deep understanding of the construction industry. This knowledge allows NHC to provide superior services and comprehensive solutions to minimize the risks inherent in the construction industry. NHC specializes in surety bonds, bid bonds, performance...

Tired of managing your construction projects using a spreadsheet? On this episode of TheLienZone Podcast, we are joined by Eric Helitzer Co-Founder and CEO of SubBase. SubBase organizes projects with dashboards, real-time notifications, an auto-syncing calendar, material price tracking and many other features. Users can request multiple quotes, communicate with vendors, place orders, and manage de...

We received a lot of requests asking us to explain how subcontractors can record a construction lien in Florida. Listen as we explain everything you need to know about why, when, and how a subcontractor can record a lien. Make sure to follow us on  YouTube  and social media including  Instagram ,  LinkedIn  and  Twitter  to get a jump on your competition. About Alex Barthet Alexander Barthet is a...

On this episode, I go over the crucial elements of a Construction Lien in Florida. Construction lien rights allow you to get cash out of your unpaid work. In order for this to happen, you must file a lien which can be filed with or against a property owner. In this video I go over all of the pertinent information regarding who has construction lien rights in Florida. Make sure to follow us on  You...

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...

On this podcast, we are joined by Alex Jelenevsky of Navigator Risk Management.  We cover the basics of general liability and work comp claims management as well as ways you can impact your loss runs, experience mod, and get lower premiums. Make sure to follow us on YouTube and social media including Instagram , LinkedIn and Twitter to get a jump on your competition. About Alex Barthet Alexander B...

On this episode of TheLienZone Podcast we’re covering how much credit you should extend to your customer. We know we know that it’s not always easy, but this will give some insights. 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. Alex...

On this episode of TheLienZone Podcast, Alex Barthet is joined by Tom Borgia, CFO of J Raymond Construction. Tom gives us his top 3 metrics with actionable steps every construction company needs to track, and how their numbers can support decision making. Make sure to follow us on our  dedicated construction site  as well as our  podcast ,  YouTube videos  and social media including  Instagram , ...

While it’s a good thing if your lien is bonded off – as it provides a more secure path to payment – you should still be prepared for a fight. If someone has gone to the time and expense to bond off your lien, they probably don’t want to pay you. Typically, you will have to file a lawsuit to foreclose on the lien that has been transferred. The process is the same, but it ends with the clerk who has...

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...