Author Archives: David Adelstein

Lien and Payment Bond Right Preservation is a MUST

Recently, I have been involved in more than a few matters where a party failed to preserve their construction lien rights or payment bond rights, as applicable to the project.  Why?  Failing to properly preserve lien or payment bond rights … Continue reading

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Owners: Be Prudent, Engage Counsel, Don’t Deal with Liens on Your Own

I receive numerous calls from owners that have a construction lien recorded against their property.  Of course, in most instances, the owner disputes the lien amount and, in fact, the lien in its entirety.  This is ok. The owners are … Continue reading

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Recording a Notice of Contest of Lien Against Payment Bond

As a general contractor, if you receive a notice of nonpayment from a claimant that is preserving its rights under your payment bond, you can record a Notice of Contest of Claim Against Payment Bond.  This is similar to a … Continue reading

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Am I a Lienor?

I was hired to perform or furnish labor, services, or materials for a construction project.  Do I have construction lien rights?  It is a pretty important question, right?  I think so! If I have lien rights then I need to … Continue reading

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Conditional Payment Bond Requirements

Conditional payment bonds are becoming more popular on private construction projects. From a general contractors’ perspective, the conditional payment bond provides it security in the event the owner does not pay. With an unconditional payment bond, a claimant can still … Continue reading

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Elements for Subcontractor to Prove Miller Act Payment Bond Claim

As a subcontractor on a federal construction project, it is imperative you know what you need to do to perfect your Miller Act payment bond rights.    A subcontractor must prove the following four elements in a Miller Act payment … Continue reading

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Do Not Ignore the Surety’s Demand for Collateral Security

If you are furnishing a payment bond or performance bond to an owner or contractor (the obligee), whatever the case may be, then you are the principal of that bond.  Sureties, however, are not issuing bonds on your behalf out … Continue reading

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Owners: Take Notice of Listed Lienors in Contractor’s Final Payment Affidavit

If you are an owner, you should receive a contractor’s final payment affidavit, which you are required to receive at least 5 days before anyone you hire directly files a construction lien foreclosure lawsuit. The contractor’s final payment affidavit should identify … Continue reading

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Lien Priority goes Hand-in-Hand with the Notice of Commencement

As a contractor (or subcontractor if a payment bond is not furnished by the contractor) you always want to make sure (1) there is a notice of commencement that was recorded for the job and (2) you are working under … Continue reading

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