Tag Archives: notice of commencement

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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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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Subcontractor and Supplier MUST Timely Serve Notice to Owner

Not too long ago, I dealt with an issue of a subcontractor not timely serving a Notice to Owner.  It was not even close.  This meant that the subcontractor did not properly perfect its construction lien rights.  Of course, the subcontractor … Continue reading

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Common Question: Do I Have Lien Rights OR Payment Bond Rights?

There are many times where a subcontractor, sub-subcontractor, or supplier does not know whether they have construction lien rights or payment bond rights in the event they are not paid.  This means they are uncertain whether to preserve their nonpayment … Continue reading

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Be Proactive with Your RIGHT to Payment on Private Construction Projects

If you are a subcontractor or supplier on a private construction project, you want to be proactive regarding your right to payment.   As the maxim goes, “An ounce of prevention is worth a pound of cure.” Being proactive will hopefully … Continue reading

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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

If you are working on a private project as a subcontractor, sub-subcontractor, or supplier, make sure you pull up the notice of commencement to confirm whether you have construction lien or payment bond rights.  If there is a payment bond, … Continue reading

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Design Professionals (Architects, Engineers, Interior Designers and Surveyors / Mappers) in Florida have Lien Rights too!

If you are an architect, engineer, interior designer, or surveyor (a “Design Professional”), you have construction lien rights too! This means you can record a construction lien against privately owned real property (as opposed to property owned by a public … Continue reading

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Transferring a Construction Lien to a Payment Bond (if the Payment Bond was Not Recorded with the Notice of Commencement)

You are an owner or contractor on a private construction project.  As an owner, you paid for the contractor for furnish an unconditional payment bond to exempt your property from construction liens.  As a contractor, you furnished the payment bond. … Continue reading

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Remember: Your Construction Lien Priority is Important

If you have lien rights, your lien priority is important.  Why?  Because the value of the lien is really only as good as (a) the priority or superiority of your lien compared to other encumbrances on the property and (b) … Continue reading

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