Category: Getting Paid

Do You Arbitrate or Litigate?

Contractors and their lawyers understand arbitration is often the preferred method for the resolution of a construction dispute. It is a standard clause in most construction contracts. But what happens if an agreement is not very clear and the parties are uncertain if their disagreement is to be presented to an arbitration panel or to a court. Who gets to make the decision as to where the dispute is heard? A recent case provided an interesting answer. The supplier of impact resistant doors and the general contractor on a hi-rise project had a difference of opinion over timely delivery of ... Read more

Is Prompt Payment a Requirement? A Mistake Can Cost You.

There is a little known but powerful tool for subcontractors and suppliers.  It allows them to seek immediate payment on undisputed contract obligations due on public projects from contractors who have already been paid. Prompt Payment on Public Jobs. While a contractor may find it preferable for cash flow reasons to simply keep a subcontractor waiting, even after receiving payment for its portion of the work from the municipality or public entity, it is neither legal nor smart.  Contractors would do well to heed the rulings by Florida’s courts which have made clear that ignoring the prompt payment statute comes ... Read more

Getting Paid for Construction Labor and Materials

Getting Paid for Construction Labor and Materials Article Get Paid. Collecting With Contracts, Liens & Bonds. As a construction lawyer, I see debt collection as well as lien and bond problems quite often. The scenario is always the same – you have done the work but have not been paid. What do you do now? Article Is Prompt Payment a Requirement? Article Getting Paid, Fast: Construction Law More articles... Getting Paid Forms Contractor’s Final Payment Affidavit DOC Conditional Waiver and Release of Lien Upon Progress Payment Waiver and Release of Lien Upon Progress Payment Waiver of Right to Claim Against ... Read more