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Recent Posts

QUICK NOTE: WEBINAR ON MAXIMIZING PAYMENT DURING COVID-19

Posted on 18 May, 2020
How do you maximize payment, particularly during an uncertain COVID-19 economy?  Check out the webinar I did for LevelSet where you can watch the webinar or read the transcript.  I don't want to give any spoilers, but it discusses preserving and enforcing...

FORECLOSING JUNIOR LIENHOLDERS AND RECORDING A LIS PENDENS

Posted on 16 May, 2020
When you foreclose on a construction lien, there are a couple of pointers to remember. First, you want to make sure you include junior lienholders or interests you are looking to foreclose (or you want to be in a position to amend the foreclosure lawsuit to identify later).  The...

PRIORITY OF LIABILITY INSURANCE COVERAGE AND HORIZTONTAL AND VERTICAL EXHAUSTION

Posted on 9 May, 2020
Recently, I participated in a webinar involving the horizontal and vertical exhaustion of insurance coverage.  Say what? This pertains to the PRIORITY of liability insurance coverage and the interface between a general contractor’s (or upstream party’s) primary insurance and the subcontractor’s (or downstream...

CLEAR CONTRACT LANGUAGE REGARDING PAYMENT IS IMPORTANT

Posted on 2 May, 2020
Clear contract language is important.  While clear contract language is important in all cases, it is especially important when it comes to determining how you are to get PAID for your work.  An ambiguity with respect to the manner in which you get paid is counter-productive.  Likewise, not...

QUICK NOTE: THE NOTICE OF CONTEST OF LIEN IS A POWERFUL TOOL

Posted on 27 April, 2020
If you receive a Notice of Contest of Lien, do NOT ignore it.  The Notice of Contest of Lien is a powerful tool that shortens the limitations period for a linear to foreclose on a construction lien to 60 days or else the lien is discharged by operation of law....