Recent Washington Court Decision Examines Lien Claim, Part 1

On Feb. 11, 2019, Division One of the Washington Court of Appeals issued an opinion in the case of Woodley v. Style Corp. d/b/a Servpro of Shoreline/Woodinville , No. 77352-6-I (Wash. Ct. App. Feb. 11, 2019). The case highlights the care that should be exercised in filing a lien claim for services furnished to improve a condominium and the conseque...
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Creating a ‘Conduit Relationship’ to Avoid Construction Payment Mishaps

The business-to-business (B2B) credit process is fairly similar across various industries: A grantor provides credit to a debtor for business or commercial purposes. While this definition, found in NACM's Principles of Business Credit , extends to the construction industry, project owners often encounter additional hurdles that, otherwise, aren't a...
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Gains in Construction Input Prices Unlikely in Coming Months

The first two months of 2019 proved kind to the construction industry, where input prices increased monthly and annually. However, if the predictions of Associated Builders and Contractors (ABC) Chief Economist Anirban Basu are true, the sector will experience different results in the coming months. Construction input prices have dwindled over the ...
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The Often-Overlooked Protection Provided By a Statutory Payment Bond Under Chapter 53 of the Texas Property Code

Owners of construction projects are often surprised to learn that they are required to withhold 10% retainage on private construction projects in Texas. Failure to withhold 10% can result in liability up to that amount. [1] Similarly, owners often continue to pay the general contractor after receiving a lien notice with fund-trapping language which...
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Two Colorado Construction Projects in Peril

A pair of Colorado construction projects hundreds of miles apart are coming under fire as is the case with many construction projects no matter the location. One is facing thousands of dollars in unpaid bills and is set for the courtroom, while the other recently had its noteholder withdraw foreclosure. According to the Longmont Times-Call , there ...
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What Goes Into a Protective Subcontract?

A solid business relationship in the construction industry begins with a subcontract that establishes clear parameters between all involved parties. Before any general contractor (GC) or subcontractor (sub) moves forward with a collaborative project, each party must define their objectives and duties throughout the course of the project in addition...
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Public Construction Spending Up, Private Spending Down

According to the Commerce Department, construction spending rose by 1.3%, the largest increase since last April. Following December 2018's 0.8% drop, most of the spending comes from companies investing in public projects. Looking at spending on a year-over-year basis, there was a 0.3% increase. With much of the spending in public projects, investme...
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Builders Gain Hope After Housing Starts Rebound in January

Housing starts rebounded significantly in January by nearly 19%—welcome news to builders following the 12% decline at the end of 2018. According to the U.S. Housing and Urban Development and Commerce Department, builders would begin more than 1.2 million housing units in the next year if they maintained this soaring percentage. Single-family housin...
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You Don’t Have to Be a Mechanic to File a Mechanic’s Lien: Understanding What Types of Services Are Lienable in Connecticut

A mechanic's lien is an extremely effective tool for getting paid on privately owned construction projects. However, not everyone who provides services in connection with such projects is entitled to file a lien. Connecticut courts are routinely asked to decide whether certain types of services are lienable, including landscaping work, snow and deb...
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A Two-Way Ripple Effect: What Happens When a Sub’s Legal Woes Divert Finances

Construction projects, large and small, feature a chain of command: general contractors (GCs) at the top, followed by subcontractors (subs) and then sub-subcontractors. As delegations trickle down from the top tiers, each party may be responsible for the actions of those below them, so any problem at the lower level could potentially trickle upward...
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