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Recent Posts

“LABOR” THAT CAN BE PURSUED AGAINST A MILLER ACT PAYMENT BOND

Posted on 23 June, 2019
It is important to ensure you consult with counsel when it comes to Miller Act payment bond rights and defenses.  One consideration is the type of "labor" that can be pursued against a Miller Act payment bond.  The opinion in Prime Mechanical Service, Inc. v....

QUICK NOTE: A CONSTRUCTION LIEN IS NOT INTENDED TO LAST INDEFINITELY

Posted on 16 June, 2019
A construction lien is not intended to last forever.  A construction lien must be foreclosed within one year from its recording date because a construction lien only lasts for one year by operation of law.   You will not be able to foreclose a construction lien after this...

LUMP SUM SUBCONTRACT? PERHAPS NOT.

Posted on 15 June, 2019
Lump sum subcontract?   Perhaps not due to a recent ruling where the trial court said "No!" based on the language in the subcontract and contract documents generally incorporated into the subcontract.   This is a ruling on an interpretation of a subcontract and contract documents...

QUICK NOTE: NOT IN CONTRACT WITH THE OWNER? SERVE A NOTICE TO OWNER.

Posted on 9 June, 2019
A subcontractor or supplier not in direct contract with an owner must serve a Notice to Owner within 45 days of initial furnishing to preserve construction lien rights.  Of course, the notice of commencement should be reviewed to determine whether the subcontractor...

RELEASE LANGUAGE EXTENDED TO SUCCESSOR ENTITY BUT ONLY COVERED “KNOWN” CLAIMS

Posted on 8 June, 2019
A recent case contains valuable analysis that has impact on whether a “successor” entity will be bound by a settlement agreement it was not a direct party to.  This case contains arguments for contractors that can be raised in a number of different contexts if it...