Author Archives: David Adelstein

Use a Lawyer to Prepare YOUR Construction Lien

Here is a reason why you should always consider using a lawyer in preparing your construction liens.  And, I am talking about a lawyer that is going to review your pertinent documentation in preparing your lien and spending the time … Continue reading

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Make the Pre-Suit Settlement Offer before a Lien Foreclosure

You are involved in a payment dispute with your contractor. The contractor records a lien against your property. What do you do? Sometimes the best thing to do is to make a good faith settlement offer.  Offer an amount of … Continue reading

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You Still Need to Timely Foreclose Your Lien Against a Lien Transfer Bond

The other day, I consulted with a contractor that recorded a construction lien.  Its lien had been transferred to a lien transfer bond pursuant to Florida Statute s. 713.24.  With the lien transfer bond, instead of foreclosing the lien against … Continue reading

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No Reason to Sue Miller Act Payment Bond for Claims other than Action on Bond

When a claimant sues a Miller Act payment bond, there is no legitimate reason to sue the payment bond surety for other counts hoping some other count sticks.  This is especially true if the payment bond claim was timely filed … Continue reading

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The Notice to Owner Must be Serviced within 45 Days from Lienor’s Initial Furnishing

As a subcontractor or supplier, it is important to preserve your lien rights by serving a Notice to Owner within 45 days from initial furnishing.  If you are a supplier of specially fabricated materials, the Notice to Owner must be … Continue reading

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File Your Miller Act Payment Bond Lawsuit Early…Not Late

If you are working on a federal government construction project as a subcontractor or supplier, you know (hopefully!) about the Miller Act.  You also know (hopefully!) that a prime contractor’s Miller Act payment bond is an avenue to pursue payment … Continue reading

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Miller Act Payment Bond Fundamentals — Ebook

Ebooks are great resources to quickly and efficiently learn about a subject area.  They can provide the nuts and bolts about an issue to give you the high and material points about that issue.   If you are interested in … Continue reading

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Construction Liens Don’t Last Forever!

I had a contractor with a construction lien call me up the other day wanting to take action on its lien. However, I could not assist this contractor with its lien.  The lien expired by operation of law…for two different … Continue reading

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Lienor in Direct Privity of Contract with Owner MUST Serve Contractor’s Final Payment Affidavit

I have had a few cases as of late representing an owner where the contractor in direct privity of contract with the owner failed to serve its contractor’s final payment affidavit on the owner prior to foreclosing on its construction … Continue reading

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Timely Recording Lien within 90 Days From Lienor’s Last Day / Final Furnishing Date

For construction liens to be valid, the lien must be recorded within 90 days from the lienor’s last day performing work–this is known as the lienor’s final furnishing date.   A lienor’s final furnishing date is largely a factual based … Continue reading

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