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

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 through your work, ownership can’t generally be transferred while you are owed payment. A lien usually constitut...

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 including  Instagram ,  LinkedIn  and ...

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 contract you see today.  Can you do anything to overcome these clauses? &nbs...

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 Construction Lien Law, which allows any person who provided labor, service...

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...

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. Generally, when someone is giving you a check, you want to provide as narrow a release as possible, mai...

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 lease on the property) in an amount equal to the value of the improvements you provided. W...

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 par...

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...

A payment bond secures one’s right to be paid on a construction project. Do you know how and when you should make a claim on a payment bond? Listen to this episode and find out. 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 Bart...

Your contract may just be a handshake, a purchase order or a simple one-page agreement, so it probably says nothing about stopping work.  Work stoppage provisions are most often found in those longer and more significant  contracts usually on larger jobs . Most sophisticated contracts address work stoppage as a specific issue. On this episode, Alex will explain when you can and can’t stop wo...

Many folks don’t understand how important it is and why legally it is essential that you read and understand what your lien release says. We’re going to discuss some very specific things you can do to increase your chances of protecting yourself when you exchange your release for payment. Make sure to follow us on our  dedicated construction site  as well as our  podcast ,  YouTube videos  and soc...

Using construction liens to get paid can be an effective way to protect your work – if you follow the  lien rules . 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 a...

Just because you have improved someone’s property by your work, doesn’t give you an automatic right to also lien that property.  Under Florida law, a construction lien can arise only when there is a valid contract between the parties. An oral agreement can be considered a contract, so can an estimate or invoice if certain conditions are met. Make sure to follow us on our  dedicated construction si...

In this episode, We are joined by Ariela Wagner, President of SunRay Construction Solutions . Even if you are a seasoned contractor or sub-contractor, you should listen as we cover the basics on Notice to Owner, Lien and Bond Claims and some pro-tips to make your life easier on your next project. Visit the SunRay Construction Solutions website to learn more about the company and software:  https:/...

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 recourse. Listen to this episode to get the answer. Make sure to follow us on our  dedicated constr...

In this episode, we are joined by Ariela Wagner, President of  SunRay Construction Solutions , to discuss three  Notice to Owner  mistakes you can’t afford to make. Visit the SunRay Construction Solutions website to learn more about the company and software: https://www.sunraynotice.com/ , to contact Ariela, send her an email ariela@sunraynotice.com. Make sure to follow us on our  dedicated...

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 contract you see today.  Can you do anything to overcome these clauses? Make...

Many folks don’t understand how important it is and why legally it is essential that you read and understand what your lien release says. We’re going to discuss some very specific things you can do to increase your chances of protecting yourself when you exchange your release for payment. Make sure to follow us on our  dedicated construction site  as well as our  podcast ,  YouTube videos  and soc...

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...

Get ready for a deep dive! In this episode, learn how one Miami-based contractor saved time & money by digitally managing their workforce.  Our guests are Jake from Ready Windows Sales & Service, Corp., Erick from PROCORE, and Albert from SmartBarrel.io. Are you interested in reaching out to our panel? Visit the Ready Windows Sales & Service website to learn more about their company: ...

On this podcast, Join Alex Barthet and Jorge Alvarez, CEO & Founder of Drone Permission®, as he details 3 easy ways to use drones on your construction project to save time and money. Visit the Drone Permission® website to learn more about their amazing service: https://www.dronepermission.com/ Interested in seeing some of their work? Follow @DronePermission on Instagram . Make sure to follow T...

Here are 3 documentation tips to help you get paid. Wendy Rogers ( wendy@esub.com ), CEO of eSUB Construction Software, joins us on the podcast today to discuss three essential documentation tips you can use to make sure you get paid on your next project. Visit the eSub website to learn more about their amazing software: https://esub.com/ Make sure to follow us on our dedicated construction site a...

Getting work is not easy, but there are some tried and true ways to improve your odds.  Today we talk with Kevin Priddy of PlanHub to get the secrets to improve your bidding process, close more deals and get more work. 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 co...

Certificate of Insurance – Why the one you are holding right now may be worthless and what to do about it. Here to help us out are Frank Pulcini and Lyle Hoffman with IOA, frank.pulcini@ioausa.com – lyle.hoffman@ioausa.com 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...