TheLienzone.com Construction Law Articles http://www.thelienzone.com/articles.html http://blogs.law.harvard.edu/tech/rss Sat, 29 Aug 2009 10:28:36 +0530 Sun, 1 Mar 2009 11:26:56 +0530 FeedForAll v2.0 (2.0.2.9) http://www.feedforall.com During the course of a construction project there is always the possibility that a contractor may “walk off” the job, leaving the owner, subcontractors and material suppliers with a difficult and often expensive dilemma.(September, 2009) http://www.thelienzone.com/articles/Contractor_Walk_Offs.htm 053FFAEA-6C12-4EED-9C78-3BE1D49C9571 Sat, 29 Aug 2009 10:27:52 +0530 A standard clause in many construction related contracts often requires one of the parties to indemnify and hold the other harmless.(August, 2009) http://www.thelienzone.com/articles/Drafter_Beware.htm 18166772-F9F5-4C27-A6DD-346D8FC0D86A Fri, 31 Jul 2009 23:15:53 +0530 If you are the owner of a property that is the site of a construction project, one way to limit your exposure to the individuals and companies working on the project is to make “proper” payments during the course of construction.(July, 2009) http://www.thelienzone.com/articles/Proper_Payments_Defense.htm 8EDE0D59-B3A6-4892-A7CA-A47049BA32C6 Tue, 30 Jun 2009 16:44:48 +0530 The filing of a construction or mechanic’s lien is just one in a series of steps a contractor can take to protect its right to receive payment for labor and materials provided.(June, 2009) http://www.thelienzone.com/articles/Did_You_Forget_Something.htm FE6F0E0E-5491-47C3-B091-EE759EA186D5 Sat, 30 May 2009 10:25:37 +0530 What happens when a borrower has earmarked portions of a construction loan for specific purposes but those designated funds are then subsequently disbursed by the lender for another purpose?(May, 2009) http://www.thelienzone.com/articles/Contractors_May_Recover_Against_Lenders.htm 05640092-DEDB-46D6-B1EE-DF99550E1538 Fri, 1 May 2009 10:22:28 +0530 As a general rule, the limitation period in most jurisdictions for filing a materialman’s lien on a property, assuming all other conditions have been met, begins to run when the materials are delivered to the property.(April, 2009) http://www.thelienzone.com/articles/Specially_Fabricated_Goods_When_to_Lien.htm 11F0A8A8-1A39-4067-865D-2FC40F79001D Wed, 1 Apr 2009 12:25:25 +0530 The scenarios under which construction professionals and their companies may be threatened with violations of various statutory false claims acts are as broad as the industry itself.(March, 2009) http://www.thelienzone.com/articles/Avoiding_Entanglement_with_the_False_Claims_Act.htm C1B40D95-3E25-445A-B4B3-24B072B1F8FC Sun, 1 Mar 2009 11:26:56 +0530 Increasing use of restrictive covenants protect firm’s intangible assets but can limit employees’ future career opportunities.(February, 2009) http://www.thelienzone.com/articles/Noncompetes_Agreements_for_Engineering_Professionals.htm 8F2E7101-5C73-4468-8EC2-3C5515B869D1 Sun, 1 Feb 2009 10:37:37 +0530 There is no running away from the fact that we live in a highly litigious society, and there is no question that having to file a lawsuit to enforce your rights or being brought into a lawsuit to defend yourself is at best an expensive proposition and at worst a gut wrenching experience.(January, 2009) http://www.thelienzone.com/articles/Ink_the_Deal.htm 68FCB803-434E-4A1F-9BC6-9A306606E91A Thu, 1 Jan 2009 00:00:35 +0530 Because purchasing a home is typically the largest purchase a person makes in their lifetime, it quickly becomes a roller-coaster ride of excitement and emotions, encompassing hours of research, projections, and financial analysis.(December, 2008) http://www.thelienzone.com/articles/The_Thrill_is_gone.htm 82E5BB55-84D2-4722-9AA3-28708260E68E Mon, 1 Dec 2008 22:46:25 +0530 Is your firm providing services to a condominium, be it to the common elements or to individual units? If so, you need to know that the law in most states requires such contracts be in writing.(November, 2008) http://www.thelienzone.com/articles/Whos_in_Charge.htm 27A04C34-DB38-4316-AC33-D09AD3C8F809 Sat, 1 Nov 2008 13:36:14 +0530 The variety and types of claimants scheduled on a debtor’s schedules and who file claims can be quite varied.(October, 2008) http://www.thelienzone.com/articles/Treatment_of_Bankruptcy_Claims_Facing_Statute_%20of_Limitations.htm 8B1BEFD7-7D98-4E99-919B-8EEF65A5ED0E Sun, 28 Sep 2008 16:28:45 +0530 In South Florida’s current real estate market, problems surrounding the vast amount of new construction, particularly high-rise condominiums, seem to garner a substantial number of headlines.(September, 2008) http://www.thelienzone.com/articles/South_Floridas_Senior_Citizens.htm 44D22D40-F7E4-4B62-A265-CCF435F4C1E1 Fri, 29 Aug 2008 09:31:01 +0530 As the construction industry continues to play a major role in Florida’s economy, there are a variety of entities involved in this industry who need to be concerned about liability issues in the event that a particular construction project does not proceed or is otherwise not completed according to plan. (August, 2008) http://www.thelienzone.com/articles/Liability_Issues_in_the_Professional_Practice_of_Engineering.htm AD90532E-B789-4486-A077-49D4D9903C00 Sun, 27 Jul 2008 12:39:42 +0530 The devil is in the details. This is particularly true in construction. (July 2008) http://www.thelienzone.com/articles/Your_Subcontract_Deconstructed5.htm 13318475-45FE-40BE-9C2E-752713485F35 Tue, 1 Jul 2008 20:00:46 +0530 It is no surprise that your Subcontractors will retain the services of other specialized trade professionals and suppliers in the performance of their duties. (June 2008) http://www.thelienzone.com/articles/Your_Subcontract_Deconstructed4.htm 42976AF1-127C-4B0E-9BB0-56013015AE13 Sun, 1 Jun 2008 20:00:12 +0530 Change Orders, Notices and Claims, Bonds and Insurance, Indemnification... (May 2008) http://www.thelienzone.com/articles/Your_Subcontract_Deconstructed3.htm 4DEE4D3B-B820-4152-93F0-3C76F15A4BBE Thu, 1 May 2008 00:00:00 -0530 Subcontract price, payment, time, extensions of time, ... (April 2008) http://www.thelienzone.com/articles/Your_Subcontract_Deconstructed2.htm AB75531B-8AF6-4632-8E63-46BDE1AD911B Tue, 1 Apr 2008 00:00:00 -0530 Good contracting practices, The contract documents, work defined, ... (March, 2008) http://www.thelienzone.com/articles/Your_Subcontract_Deconstructed.htm FC86DB7C-B332-4D5C-AC96-013A4545DE54 Sat, 1 Mar 2008 00:00:00 -0530 What are a surety’s rights and obligations in disputing a subcontractor’s claim made under a payment bond? (February, 2008) http://www.thelienzone.com/articles/Foot_Dragging_Can_be_Costly.htm CFBB9704-73AA-4ADD-9B0D-99EB6224312A Fri, 1 Feb 2008 00:00:00 -0530 A savvy contractor or subcontractor is generally familiar with the steps necessary to properly obtain and record a construction lien (January, 2008) http://www.thelienzone.com/articles/how_to_loose_your_v2.htm 2A888C86-5B2A-4354-BD0F-6A69AA06C9E0 Tue, 1 Jan 2008 00:00:00 -0530 One particularly onerous part of the litigation process is compliance with document production requests. (December, 2007) http://www.thelienzone.com/articles/Document_Retention_And_Destruction_Policies.htm 6D644C0A-C373-47B2-86E6-AF5F00E05AEF Sat, 1 Dec 2007 00:00:00 -0530 The reward a subcontractor obtains after successfully completing its work is a final payday. (November, 2007) http://www.thelienzone.com/articles/Giving_back_what_you_earned.htm 588F8435-E21C-4826-89B7-FF6963671F9B Thu, 1 Nov 2007 00:00:00 -0530 You've been awarded a final judgment- what, if any, good does that piece of paper do for you? (October, 2007) http://www.thelienzone.com/articles/From_Judgment_To_Lien.htm 8A15C2AC-2702-49F2-B8A1-5C8DEBF33583 Mon, 1 Oct 2007 00:00:00 -0530 The Eleventh Circuit Court of Appeals, in a recent case which will have far reaching implications in the construction industry, soundly rejected workers’ demands for pay under the Fair Labor Standards Act. (September, 2007) http://www.thelienzone.com/articles/Clearing_Security.htm 278A2433-359F-4758-9DC9-FFE6C3741F80 Sat, 1 Sep 2007 00:00:00 -0530 When confronted with a possible fraudulent deed, there are several legal options available to help determine the status of such a deed and the true owner of the property. (August, 2007) http://www.thelienzone.com/articles/Fraudulent_Deeds.htm 914BA951-BFB9-4459-B8D8-0CB2B1FE92BC Wed, 1 Aug 2007 00:00:00 -0530 One method of resolving legal disputes short of a full trial is nonbinding arbitration. Authorized under several Florida statutes, nonbinding arbitration can be said to resemble a minefield. (July, 2007) http://www.thelienzone.com/articles/Nonbinding_Aribitration_Minefield.htm B7892B1C-98E1-429C-A983-46BAC7A767CC Sun, 1 Jul 2007 00:00:00 -0530 Assume a commercial dispute in which a plaintiff brings a count for breach of contract (with a request for compensatory damages) along with a fraud-related count (which seeks rescission of the subject contract). (June, 2007) http://www.thelienzone.com/articles/District_Court_Split.htm 33BFCA16-3D08-4CD9-836D-001CD21215C9 Fri, 1 Jun 2007 00:00:00 -0530