James Sander Authors Protecting Payment Blog Series on the Larkin Hoffman Real Estate and Construction Blog

James Sander's Protecting Payment series focuses on the means and methods businesses in the construction industry use to protect their right to payment. He touches on issues of contracts, collections, construction liens and the corresponding interests of the developers and property owners who build.

Can a “Pay If Paid” Clause Bar Lien and Bond Claims in Minnesota?

The United States Supreme Court's Decision in Obduskey v. McCarthy May Change Debt Collection Requirements For Minnesota Mechanic's Lien Notices

Lawyers who record mechanic’s liens cannot afford to ignore the Fair Debt Collection Practices Act (“FDCPA,” or “Act”). It may only impact an occasional part of an attorney’s lien practice, but the FDCPA is all the more dangerous for not being top of mind. FDCPA lawsuits can be expensive and corrosive to client relationships. In particular, the Act provides for the recovery of attorneys’ fees for plaintiffs. (15 U.S.C. §1692k(a),(d).)

Mind the Gaps

Are you minding the gaps in your construction buy/sell agreement? Article 2 of the Uniform Commercial Code, as adopted across the country, may be changing your contract risk exposure.

What You Don't Know About Purchase Orders Can Bite You

Contractors: there may be trouble brewing in your everyday purchase of equipment and materials. It’s possible you just don’t know it yet. For example, that construction contract you signed last week bound you to a scope of work, specifications, a schedule and a two-year warranty. You are bound to comply with the schedule or face liquidated damages for delays.

The Mechanic's Lien and Pre-Lien Notices

As most of us know, mechanic’s liens are a powerful statutory remedy for contractors to get paid for their work. The mechanic’s lien is an actual lien filed or recorded upon real property that puts the property owner and anyone examining title on notice that a contractor has done work on the property, but has not been paid for the work. Any contractor who has filed mechanic’s liens knows, however, that the process of properly filing such a lien can be filled with pitfalls.