Tag: No Lien Clauses
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The Ultimate Guide to Lien Waivers
What are lien waivers in construction? This article is the ultimate guide for construction lien waivers including essential information and links to download any lien waiver form you need.
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Can the GC or Property Owner Limit My Mechanics Lien Rights by Contract?
In some cases, the property owner or GC will attempt to limit the availability of mechanics liens by including “no lien” clauses, or pre-emptive waivers of lien rights in their contracts. Generally, the public policy of protecting the rights of construction participants to be paid for work they perform is greater than the right for…
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When Advance Waiver of Lien Not Allowed, Subordination by Contract Might Do the Same Thing
Because of the protection afforded by lien waivers, and due in part to the ongoing risk-shifting battle that occurs over construction payment and the risk of non-payment, it is an occasional but unfortunate occurrence that “no-lien” clauses, or other methods by which a right to file a lien is extinguished preemptively, are contained within contracts,…
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Do Pay-When-Paid Clauses or Payment Terms Influence Construction Notice or Mechanics Lien Deadlines?
Deadlines change from project to project depending on location, role, change orders, and more. Even things like determining what actually qualifies as the first or last furnishing date, or the project’s date of completion can be a challenge. Generally, these are all questions governed by the statute and the performance of the work. Another potential…
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Construction Contracts – Beware of Certain Clauses
Due to this difficulty, or just due to the ongoing risk-shifting battle that occurs in construction over the risk on non-payment, some parties look to out-leverage others through contract, by preemptively extinguishing or crippling the ability to file a lien before work even starts. Since the ability to file a mechanics lien to secure the right…