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- Use a Lawyer to Prepare YOUR Construction Lien
- Make the Pre-Suit Settlement Offer before a Lien Foreclosure
- You Still Need to Timely Foreclose Your Lien Against a Lien Transfer Bond
- No Reason to Sue Miller Act Payment Bond for Claims other than Action on Bond
- The Notice to Owner Must be Serviced within 45 Days from Lienor’s Initial Furnishing
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- About Me (David Adelstein)
- Construction Liens
- Contact Me
- Payment Bonds
- Common Law Payment Bonds
- Conditional Payment Bonds – Private Projects (Florida Statute s. 713.245)
- Federal Project Payment Bonds – the Miller Act (40 U.S.C. s. 3131 – 3134)
- Florida Department of Transportation (FDOT) Payment Bonds (Florida Statute s. 337.18)
- Lien Transfer Bond (Fla. Stat. s. 713.24)
- Public Payment Bonds (Florida Statute s. 255.05)
- Unconditional Payment Bond – Private Project (Florida Statute s. 713.23)
- Performance Bonds
- Role of the Surety
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Annual Archive
- Use a Lawyer to Prepare YOUR Construction Lien
- Make the Pre-Suit Settlement Offer before a Lien Foreclosure
- You Still Need to Timely Foreclose Your Lien Against a Lien Transfer Bond
- No Reason to Sue Miller Act Payment Bond for Claims other than Action on Bond
- The Notice to Owner Must be Serviced within 45 Days from Lienor’s Initial Furnishing
- File Your Miller Act Payment Bond Lawsuit Early…Not Late
- Miller Act Payment Bond Fundamentals — Ebook
- Construction Liens Don’t Last Forever!
- Lienor in Direct Privity of Contract with Owner MUST Serve Contractor’s Final Payment Affidavit
- Timely Recording Lien within 90 Days From Lienor’s Last Day / Final Furnishing Date
- Lien and Payment Bond Right Preservation is a MUST
- Owners: Be Prudent, Engage Counsel, Don’t Deal with Liens on Your Own
- Recording a Notice of Contest of Lien Against Payment Bond
- Am I a Lienor?
- Conditional Payment Bond Requirements
- Elements for Subcontractor to Prove Miller Act Payment Bond Claim
- Do Not Ignore the Surety’s Demand for Collateral Security
- Lienors Need to Timely Respond to Requests for Sworn Statements of Account
- Owners: Take Notice of Listed Lienors in Contractor’s Final Payment Affidavit
- Lien Priority goes Hand-in-Hand with the Notice of Commencement
- “Prevailing Party” in Construction Lien Actions
- Public Payment Bonds and Venue
- Contractor’s Final Payment Affidavit
- Owners that have Construction Liens Recorded Against their Property
- Put Yourself in the BEST Possible Position when Recording and Serving a Construction Lien
- Subcontractor and Supplier MUST Timely Serve Notice to Owner
- Comply with the Requirements of Florida’s Lien Law
- Value Working with a Lawyer to Prepare and Record Your Lien
- Dotting i’s and Crossing t’s when Perfecting Rights under a Subcontractor Performance Bond
- Miller Act Payment Bond Ebook Just for YOU
- Just because It Says It is a Miller Act Payment Bond Doesn’t Make It so
- Homeowners: Invest in a Construction Attorney
- Avoiding an Arbitration Provision to Pursue a Payment Bond Claim in Court
- Statute of Limitations to Sue on Common Law Payment Bond
- Good News for Prime Contractors and Sureties Defending Miller Act Payment Bond Claim
- General Contractor Must Properly Perfect Obligations of Subcontractor’s Performance Bond
- Remember for the New Year – An Ounce of Prevention is Worth a Pound of Cure when it comes to YOUR Construction Lien and Payment Bond Rights!
- Timely Post Your Bid Protest Bond
- Make Sure the Construction Lien is Recorded within 90 Days from the Final Furnishing Date
- Interested in Learning about Federal Miller Act?
- Lienable Services Need to Constitute an Improvement to Real Property
- Ensure that the Face of the Performance Bond Expressly Covers Delay Damages
- Common Question: Do I Have Lien Rights OR Payment Bond Rights?
- Miller Act Payment Bond Surety Cannot Raise Pay-If-Paid / Pay-When-Paid Defense
- Florida Statute s. 255.05 Public Payment Bond Duration
- Florida Public Construction Bond Form
- Drafting the Form of the Performance Bond
- Record Your Construction Lien within 90 Days from Final Furnishing
- Can the Contract’s Change Order Requirements be Waived? If so, can this Support the Basis of a Payment Bond Claim?
- Be Proactive with Your RIGHT to Payment on Private Construction Projects
- Liening for Disputed Change Orders
- Claimant under Miller Act Payment Bond can Sue Prime Contractor (Bond-Principal) Directly
- Bid Protest Bonds filed with Bid Protests
- The Notice of Contest Against Payment Bond
- “Show Cause” Lawsuit to get a Construction Lien Cancelled
- Retainage Exception for Public Payment Bonds
- Construction Liens and Attorney’s Fees
- Private Project Payment Bonds – Make Sure to Serve Initial Notice of Intent (Notice to Owner) on the Contractor if You are Not in Privity with the Contractor
- When is a Miller Act Payment Bond Required
- Moving to Intervene as Defendant in Lawsuit as Principal of Miller Act Payment Bond
- Suing Miller Act Payment Bond 90 Days After Final Furnishing
- Don’t Release Payment Bond Rights for Claims Accruing Prior to the Date of the Release
- Subcontractors Performing Federal Contract Work Need to Appreciate Risk of Miller Act Payment Bond Claim Being Stayed
- Make Sure You Abide by Conditions Precedent to Payment
- Don’t Make the Mistake of Not Pursuing Your Miller Act Payment Bond Rights
- Please, Oh Please, Make Sure Your Construction Lien Does Not Constitute a Fraudulent Lien
- Benefit of Owner Serving Request for Sworn Statement of Account
- Construction Liens Must be Recorded No Later than 90 Days from Final Furnishing Date
- Design Professionals (Architects, Engineers, Interior Designers and Surveyors / Mappers) in Florida have Lien Rights too!
- Transferring a Construction Lien to a Payment Bond (if the Payment Bond was Not Recorded with the Notice of Commencement)
- Don’t Want Sub & Supplier Liens–Require an Unconditional Payment Bond
- A Lienor is Still Required to Perfect Its Lien Rights with a Conditional Payment Bond
- Miller Act Payment Bond Surety can Enforce Venue Provision
- Significant Issues Test to Determine Prevailing Party Attorney’s Fees in Construction Lien Action
- Right to Recover Reasonable Attorney’s Fees Against a Public Payment Bond
- Recording Payment & Performance Bonds on Public Construction Projects
- Remember: Your Construction Lien Priority is Important
- The Purpose of Lien Transfer Bonds (to Transfer the Construction Lien)
- Construction Lien Amendment Considerations
- Be Sure to Include Proper Lienable Amounts in Your Construction Lien
- Don’t Record a Fraudulent Lien!
- Imagine this Scenario when Supplier Files Miller Act Payment Bond Lawsuit
- Properly Serving the Notice of Nonpayment under the Miller Act
- Common Law Payment Bond Rights
- It Starts with Being Proactive Regarding Your Lien and Payment Bond Rights
- Transferring Construction Lien on Private Project to Already Furnished Payment Bond by Recording Notice of Bond
- Who is Entitled to Construction Liens (or Payment Bond Rights) Under Florida Law
- Chart Summarizing Miller Act Payment Bond Rights in Comparison with Florida Payment Bond Rights
- Graphic Depicting Miller Act Payment Bond Claimants
- Preserving and Enforcing Liens and Payment Bonds in Florida (Helpful Chart)
- Subcontractor Default Insurance – – Alternative to Subcontractor Performance Bonds
- Five Miscellaneous Miller Act Payment Bond Points
- Supplier Proving Miller Act Payment Bond Claim
- Venue for a Miller Act Payment Bond Claim
- Miller Act Payment Bond Rights do Not Extend to Third Tier Subcontractors / Suppliers
- Serving Notice of Non-Payment by Sub-Subcontractors and Suppliers to Subcontractors to Preserve Miller Act Payment Bond Claim
- Suing a Miller Act Payment Bond within One-Year From Your Final Furnishing Date
- Moving to Stay the Payment Bond Lawsuit Pending Outcome of Arbitration Between Subcontractor and General Contractor
- Snippet on Miller Act Payment Bond Claims
- Perfecting Performance Bond Claims
- Timely Asserting Performance Bond Claim
- Suing a Lien Transfer Bond in County where Bond is Posted
- Surety’s Right to Create Reserve Account and Demand Collateral Security per the General Agreement of Indemnity
- What Venue should I Sue the Payment Bond Surety?
- Out-of-Pocket Delay and/or Lost Productivity Costs are Recoverable Against Payment Bond Surety
- Recovering Attorney’s Fees Against a Miller Act Payment Bond
- Transferring a Construction Lien to a Lien Transfer Bond
- Collateral Assignment & the General Agreement of Indemnity
- Pay-when-Paid (Pay-if-Paid) is Not a Defense to Payment Bond Claims
Tag Archives: lien attorney’s fees
“Prevailing Party” in Construction Lien Actions
Prevailing party attorney’s fees factor into many construction lien actions. A lienor wants to recoup 100% of the attorney’s fees they incurred as the “prevailing party.” If you have read this blog before, however, you know that the prevailing party … Continue reading
Posted in Lien, Payment Bond
Tagged attorney's fees, construction lien, lien, lien attorney's fees, prevailing party, significant issues test
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