Got a Public Contract?: Be Sure to Preserve Your Rights to Payment

Published on December 14, 2009 by Douglas Reiser

Over the past two years, the construction industry has seen a boom in public works. This is due to lower construction costs, influx of federal stimulus funds and lower financing rates for local governments.

The result has meant tons of public work for contractors, who benefit both from Davis-Bacon wages and bonded work, which virtually ensures payment!

Express Lien has taken the time to ensure that its clients know the basics of filing and preserving lien rights on the public job. A recent article describes your rights under the Miller Act, a federal series of laws which govern contracts for construction over the amount of $100,000.00.

But, did you also know that each state has what is called a “Little Miller Act.” These collections of laws mirror the purpose and structure of the Miller Act, namely providing rules for payment, security and claims on the public project.

For instance, did you know that every state or locally managed construction contract issued in Louisiana for a total of no less than $100,000.00, requires a performance and payment bond and demands that you file a sworn statement of your unpaid claim within 45 days of completion? (See La. R.S. 38:2241, et seq.) We’ve have reported on this before.

How about the great state of Washington (our home), which requires that a contractor provide 60 day notice of its right to a lien against a public contract’s retainage? (RCW 60.28, et seq.) Failing to timely file could result in forfeiture to timely payment, and your right to proceed in an action against the contractor’s bond.

Its important that contractors understand that it takes more than simple contractual compliance to ensure payment. Having a qualified lien management company on hand makes it all that much easier to feel secured on the jobsite!

Express Lien’s $395 flat fee services includes tracking down and obtaining copies of the prime contractor’s bond, noticing the surety and prime contractor, and filing with the appropriate state or federal agency, your claim. Remember that our services also include all mailing and delivery confirmation.

Also, remember that in many cases, suppliers, second-tier subcontractors, and equipment lessors, may be required to issue preliminary notices of the materials they sell or lease, or the work that they will perform on a public project. Express Lien’s $35 flat fee notices can save you!

Using Express Lien’s Lien Pilot, you could greatly benefit from tracking deadlines and lien obligations. Please be sure to check out Lien Pilot and keep up with ConstructionLienBlog.com, for more information on how to protect your business.

ConstructionLawMonitor.Com: Pay When Paid Clauses and Lien Rights

Published on September 18, 2009 by Douglas Reiser

Our good friends over at Wolfe Law Group (ok, it was me) have put up an article on the trials and tribulations facing subcontractors due to the use of the dreaded “Pay When Paid” clause.

See their article here and how these clauses workAs a contractor you need to be aware of your right to payment and potential roadblocks on the way to getting paid.

One of the most important defenses to the “Pay When Paid” clause is your right to lien a project, and consequently the owner. Since the owner’s failure to pay the general contractor has caused your inability to recover payment, a lien will allow you to proceed against that party in  a legal action for payment.

Read the article to better understand your rights and the tools you can use to ensure payment. Remember that owners and surety bonds can be reached with a properly filed lien.

Contact ExpressLien.Com in order to protect your right to payment.

Louisiana Liens: Guidelines for Materials Suppliers

Published on September 8, 2009 by Douglas Reiser

Lets be brief here: Suppliers are never in the know.

One of the most difficult things to do as a construction attorney is to try and educate your supplier clients about the types of information they need to be collecting when selling materials. Suffice it to say that in the event that you, as a supplier, want to file a lien, you need to be prepared with the requisite information.

What Do You Need to Know?

Here are the necessaries:

(A) The Property Address/Tax Assessor Number - obtaining the legal description is required, but your attorney can generally assist you here. But, you need to make sure you have the right address. Addresses change during remodel and reconditioning of property. So, if you can get the tax assessor parcel number – you are in the best shape.

(B) The Owner Name & Address - Louisiana law provides you with a claim against the property owner (See below) under La. R.S. 9:4802(A)(3). Though your attorney may be able to rescue this information from the property records, its always a good idea to have the information readily available, for purposes of sending pre-lien notices (See below).

(C) The Contractor’s Name & Address - We don’t necessarily mean your contractor client. La. R.S. 9:4802 also provides you with a legal cause of action agains the project’s general contractor. So, please be certain to obtain that contractor’s name in order to send pre-lien notices.

(D) The Dates of DeliveryKeep those bills of lading! Oftentimes lien disputes with suppliers come down to a matter of days in calculating whether or not a lien is timely  (see below). It is good practice to keep a log of all material deliveries and keep signed bills of lading to prove delivery.

What Notice is Required?

Suppliers are required to send a Notice of Non-Payment at least 10 days prior to filing any lien. There is a caveat – this notice is only required on residential projects. However, it is good practice to send this notice out on all projects, for purposes of good collection tactics and pre-lien settlement of amounts due.

A notice should include:

(A) the name and address of the seller of movables;

(B)  a general description of the materials provided;

(C) a description sufficient to identify the immovable property against which a lien may be claimed, and

(D) a written statement of the seller’s lien rights for the total amount owed, plus interest and recordation fees.

The notice must be sent to the contractor and to the owner via certified mail return receipt.

NOTE: Be advised that in projects where a notice of contract has been filed, there is a cut off date for providing notice. Notice of Non-Payment must be sent out 75 days from the last date of the month in which materials were delivered, and in no event longer than the statutory period for filing the lien.

How and When Do I File My Lien?

A supplier’s lien is filed just like a contractor lien, but there are some additional time obligations.

If a general contractor files a notice of contract and subsequently files a notice of termination then the supplier must file its lien within 30 days from the date of the filing of a notice of termination.

If no notice of contract has been filed, then the supplier has a longer period. In that event, the supplier has until 70 days from the date of substantial completion or from the date of filing a notice of termination.

A lawsuit must be intiated within one year from the date of filing in order to extend the lien and make it enforceable.

How Can I Best Protect Myself?

Under La. R.S. 9:4822(K), a supplier may send the owner and contractor a request for notice, demanding that the owner provide them with the a copy of any notice of termination filed, or otherwise the date of substantial completion, at least three days from filing or declaring substantial completion.

If an owner fails to to provide this information, then they are responsible for your attorneys fees.

It is good practice to put together a notice that goes out to all project owners on projects that you ship materials to.

Being careful and following the rules will ensure that your lien is safe.

Maryland Liens: Procedural Quandaries

Published on August 2, 2009 by Douglas Reiser

Liens can sometimes become procedural nightmares for contractors and other parties entitled to the placement of this device. Contractors often encounter incredible costs and delays when not following the lien law protocol.

Maryland is one such state where a contractor could truly run into problems. The State of Maryland, differs vastly from its nearby Virginia and District of Columbia. Though VA and DC follow the nationwide rule of record first and file second, Maryland requires a file first and record second procedure.

We want to go through some of these mechanics so that you can become better acquainted with your obligations in the State of Maryland.

Why Lien?

Similar with most states, Maryland’s lien action enables the claimant to obtain a right and action against uphill general contractors and property owners, when they do not ensure that lower level parties are paid for services or materials delivered at a job.

Even in situations where a subcontractor, or other low level party, enters into a contract with a contractor, which conditions payment upon payment to the contractor from the owner, a claimant who remains unpaid may utilize the lien law at any time to preserve its right to payment.

In Architectural Systems, Inc. v. Gilbane Building Co., 760 F. Supp. 79 (D. Md. 1991), a Maryland Court interpreted § 9-113(b) of the Maryland Real Property Code to state that liens are not barred by “payment if paid” or “payment when paid” clauses. Thus, a claimant is free to file as long as they meet other procedural guidelines.

Who Can Lien?

Like most other states, all persons providing labor and materials for buildings erected or for repairs and improvements to existing buildings have lien rights.

However, in the case of “repairs of improvements,” only if such improvements and repairs equal 25% of the value of the improved building does one acquire lien rights. Md. Real Prop. Code Ann. § 9-102(a).

Further, architects and union trustees have also been entitled to claims.

How Do I Protect My Lien Rights? Are There Notices?

Maryland is tough on notice. Under the seminal case, Tyson v. Masten Lumber & Supply, Inc.,
44 Md. App. 293, 408 A.2d 1051 (Md. Ct. Spec. App. 1979), the Court expressly stated that improper notice will void a lien. Thus, care must be afforded when preparing to secure your lien.

(A) General Contractors

If you contract directly with the owner – you are not required to provide notice prior to filing your lien. This includes all general contractors under the statute, as well as those subcontractors or suppliers who have an agreement with the owner to provide services or materials.

(B) Subcontractors/Suppliers

A subcontractor, or other 2nd tier claimant, who does not directly contract with the owner, will lose its lien rights unless within 90 days after doing work or furnishing materials, the owner is given written notice of the intention to claim a lien.

Md. Real Prop. Code Ann. § 9-104 provides the form for this lien. The law explicitly states the mailing of the notice within 90 days, by registered or certified mail, will constitute effective notice.

(C) Exceptions to the Notice Rule?

There are some minor exceptions to the notice rules. Actual notice to an owner of a claimant’s intention to file has been successful, meaning that as long as a claimant can prove that the owner knew about the impending lien claim, it cannot defend on the basis of lack of written notice.

How Do I File My Lien?

This is the tricky part. Unfortunately, Maryland has elected to make liening a property a substantial investment. This makes it more difficult for Express Lien to assist you in filing your lien, but not impossible.

Lien actions MUST be initiated by way of a prior legal action. Yep, that’s right, you must file a lawsuit first in order to obtain an order from a court of competent jurisdiction that entitles you to file a lien.

A petition to claim lien must be filed in the court for the county where the work was completed within 180 days from the completion of work or last date of delivery of materials.

Work has been interpreted to mean the last date of work being provide by the claimant, which can extend past the date of substantial completion.

In order to file this action, you should consult with a Maryland attorney or contact the courts to inquire about a form.

At a minimum, the petition will require you to submit a verified account of all material facts and copies of all material papers, including contracts, orders, invoices and payment receipts. Also, the claimant must illustrate that the notice was properly served, if required by law.

The petition must be served upon the owner, who will be ordered to show cause why the lien should not be ordered within 15 days. An owner may answer and defend the petition, but otherwise, if it fails to answer, the petition shall be deemed admitted and the lien valid.

Once your action is filed and you obtain an order from the court, you may contact Express Lien to get your lien filed!

What Can I Recover in My Lien?

Unlike other states, a Maryland subcontractor can make a claim for the full extent of contractual amounts that are due under its contract with a contractor. Thus, the owner cannot defend that it has already paid the contractor for amounts due to the contractor, as long as notice was properly delivered.

The contract will determine what you can claim on your lien. Any additional charges over the costs of the original work may be claimed, as long as they are spelled out in the contract.

What Pitfalls Might I Encounter?

Maryland has bond laws which provide a manner in which the owner, or general contractor, can have the lien released before payment to a subcontractor. This will result in your lien claim becoming a lawsuit for recovery.

But, Maryland does not have a slander or improper lien law which would subject a claimant to liability. As long as the  lien is not proven to have been made (1) falsely and (2) spitefully, the lien will simply be dismissed without further damage to the claimant.

Can I Waive My Lien Rights?

The short answer is NO!

Section § 9-113 of the Maryland Real Property Code was revised in 1981 to expressly prohibit lien waivers prior to beginning of the work at the property. Of course, during the work, and upon payment, contractors may obligate you to provide them with a lien waiver for work completed, but they cannot abridge your rights to claim a lien during the contracting stage.

A copy of pertinent Maryland lien laws can be found here. Let Express Lien help now by providing notice of your claim or by filing your lien (after being ordered by the court)!

Washington Law Protects Contractors from Dangers of Frivolous Lien Statute

Published on July 7, 2009 by Douglas Reiser

A quick word from the construction law case files:

The Court of Appeals, Division 1, out in Washington state, has refused to deem a construction lien as frivolous based upon the complexity of the construction contract at dispute. The court in SD Deacon Corp. of Washington v. Gaston Bros. Excavating, Inc., decided back in May of this year, that the state’s “frivilous lien” statute, coded under RCW 60.04.081, requires a more in-depth analysis of factual circumstances surrounding the substance of the contract and the lien.

The court in SD Deacon further reasoned that a court can only evaluate in a frivolous lien proceeding are, by way of example, whether the lien was properly filed, signed by the proper party, properly served, and meets the statutory form requirements. Issues of substance of the lien (i.e. the contract amount, amount due or change orders) are issues which require more substantive proceedings to analyze factual circumstances.

Because the frivolous lien procedure codified in RCW 60.04.081 does not provide for such proceedings, a party seeking to extinguish a lien filing will be unsuccessful in attempting to show to the court that the lien was frivolous.

Essentially, the court’s new rule is that the “lien must be so devoid of merit that the claim has no possibility of succeeding” and that “there must be findings supporting the conclusion that the lien is invalid beyond legitimate dispute.”

The Court’s ruling provides some hope for “fringe” contractors who’s claims hold some element of uncertainty, but who desperately need the security provided by a lien in order to collect payment from an uphill contractor or owner.

The frivolous lien statute was enacted to prevent fraudulent claims against contractors, by awarding successful parties attorneys fees. The ruling in the case shows that the award of fees will not be granted unless your lien fails to meet statutory form requirements.

Express Lien, Inc. has the knowledge and experience to meet these stringent requirements. Let us help you ensure your lien’s success!

Illinois Mechanic’s Liens: Chicken And Waffles Case Ensures Protection to Subcontractors

Published on March 5, 2009 by Douglas Reiser

The great state of Illinois has run through its share problems with its mechanic’s lien laws. Recently, the state has met persistent attempts at giving a facelift to the lien laws, at least as far as those protections for owner-occupied residences.

The law firm of Foran, Glennon, Palandech & Ponzi PC has a wonderful blog entitled the Illinois Construction Law Blog. Recently, the blog has produced several articles commenting on the congressionally proposed amendments to the state’s lien laws.

The blog’s authors have raised concerns about the vague and often redundant nature of the proposed changes. In fact, the authors find that the bill’s purpose could simply be served “if Section 32 [of the bill] were just removed.”

Regardless, the bill’s final change actually seems to have some teeth. The end-all-be-all would be to eliminate subcontractor liens against owner-occupied residences unless their is a provision in the general contract providing for such a lien. The law also adds the following penalty:

"(iv) The failure of a contractor to include the statement contained in paragraph (i) on the face of the contract relieves the owner of the property of any legalobligation to pay any subcontractors under this Act."

It certainly seems that Illinois is taking a step towards restraint of contractor rights, but another one of the firm’s posts gives an indication that the courts are still with the contractors, in the good fight to get paid.

The interesting case of Springfield Heating v. 39477-55 King Drive at Oakwood, LLC, et al (1st Dist., Doc. No. 1-07-2987), provides a snapshot of judicial interpretation of the state’s fraudulent claim restrictions.

In Springfield, a subcontractor entered into a contract to do substantial remodeling of the Chicago’s Home of Chicken and Waffles. The Illinois Construction Law Blog has a great synopsis of the case which can be found on their blog.

After terminating their contract, the sub brought  suit to foreclose two liens it had filed against the two buildings it worked on, and to bring equitable claims for unjust enrichment and quantum meruit (for unjustified enrichment of the Defendant). The liens sole issue was that each lien contained the full amount of the project debt, essentially meaning that the sub had claimed double the amount due. Because of this error, the trial court found that the liens were fraudulently brought and must be dismissed, as opposed to amended. Furthermore, the judge dismissed the equitable actions.

On Appeal, the court found that the statute which provides for the cancellation of fraudulent liens, requires the defendant to show an intent to defraud. Certainly, in this scenario, there had been no such attempt, but rather a last ditch effort to protect the sub’s sole means of recovery against the owner, where there was confusion about how to file the lien and sever the amount due.

As the blog’s author states:

“While no one is going to recommend filing a lien that hasn’t been proofed and double-proofed, it’s nice to see the intent of the law given form here to help people get paid even if a small technical error arises.”

The court’s ruling just goes to show that the subcontractor’s one friend left is the construction lien – many times, its sole source of recovery against an owner.

I Didn’t Just Waive My Lien Rights, Did I?: Assessing State Laws

Published on January 21, 2009 by Douglas Reiser

Are you waving goodbye to your lien rights in your contract? Can owners do that? Recently Express Lien reported that Virginia law permits a contractor to waive its lien rights in any project. While this certainly is not uniform across all states, there are a number of states which follow this line of thinking.

The existence of these laws can undermine a contractor’s true security in getting paid on a job, while providing assurances to consumers and builders that financing will not be held up by downstream contractors.

In Nevada, recent law effectively made it possible to limit lien rights during contracting. John Foust and John Ralls of Howrey LLP offer the case of Dayside, Inc. v. First Judicial District Court, 75 P.3d 384 (Nev. 2003) as an example of this unique legal protection. In that case, a contractor signing a standard form contract, which contained a waiver of lien rights clause was prevented from asserting its lien claim. The court found that a knowing assent to a clear and unambiguous term, waiving lien rights, was an enforceable clause which was not adverse to public policy.

In the book Fifty State Construction Lien and Bond Law By Robert Frank Cushman, Stephen D. Butler, Laurence Schor, the authors illustrate that the State of Alabama has permitted contractual waiver of lien rights prior to the work being initiated. The book, which can be found on Google Books, illustrates that Alabama further provides builders with the right to obtain a list of all other contractors working on the job from the general contractor.

On the contrary, states such as Pennsylvania have taken steps to ensure that contractors’ rights are not upended through contract. Joshua Lorenz of Meyer, Unkovic and Scott addresses the effect of a 2006 law, taking effect January 1, 2007, which unanimously passed through the state legislature with the intent to prevent contractual waiver of lien rights. Joshua’s analysis was that the law would have an immediate impact upon construction lending, title insurance and delays on projects.

A second opinion by Michael Zukowski, of Kirkpatrick & Lockhart states that in some instances, where contractors post a payment bond, or for residential construction under $1,000,000.00, a contractor may still expressly waive its lien rights prior to beginning work. Regardless, Pennsylvania’s stance clearly prevents builders from running amuck of the mechanic’s lien statutes.

Florida also prevents the pre-performance waiver of lien rights. An article by Jeffery Wertzman indicates that contractors cannot contractually release these rights until after they have actually performed the work to be released.

In 1994, New Jersey’s legislature passed sweeping reform to its mechanic’s lien statutes. The effect of these laws, among other things, abolished lien waivers during contracting as against public policy. Peter J. Smith of Connell Foley, LLP opines further in his article which can be found in the firm’s publications section.

Similarly, Illinois law expressly prohibits the waiver of lien rights during contracting. Heidi Hennig Rowe, of Schiff Hardin LLP’s Chicago practice, opines that the Illinois mechanic lien statute provides no avenue for a project owner to prevent a contractor from liening its project during contracting. Seemingly becoming the majority position, contractors’ rights are once again protected in the Midwest.

Engineers, Architects and Surveyors – Oh My!: Texas Provides Lien Opportunities

Published on January 8, 2009 by Douglas Reiser

When you take a moment and look over the vast spectrum of lien resources on the web, you will find that almost everything is geared towards the contractor, with a bit of focus towards suppliers and material manufacturers. But do you ever see anything lending a hand to the design professionals of this world?

At ExpressLien.Com, the focus is on providing persons and companies with the opportunity and resources to protect their business and get paid for their work. We certainly do not discriminate against those design professionals whose hard work lends to the construction industry.

Recently, Architectural Record reported that architectural layoffs are abounding, and that the current economical conditions make for prime economic strain for those in the design profession. With news of poor economic resources and limited budgets for developers, it is important, now more than ever, for design professionals to seek guidance in preserving their claims and protecting their pay.

The Texas Collection Law Blog recently released an article discussing the rules for filing liens in Texas as a architect, engineer or a surveyor. The blog’s writer, Marc Lippincott, a principal at the collection firm of Cary & Lippincott, PLLC, out of Austin, Texas, states that:

“In 1995, the Texas Legislature added provisions to the Texas Property Code that made it much easier for engineers, architects, and surveyors to secure a lien for their work. The amendments eliminated the difficult and problematic requirement that the design professional’s contract be filed prior to the commencement of work. Now, the design professional only needs to have a written contract and properly record (file) the lien.”

Reducing headaches for design professionals makes it more simple and attractive for those parties to learn the ropes of the lien laws. ExpressLien.Com has excellent legal resources for your benefit. Check them out today.

Missouri Staying Strong for Contractors: Recent Litigation Shows Edge Over Owners

Published on January 4, 2009 by Douglas Reiser

In the great Midwest, several states have traditionally been known to have strong, contractor-friendly lien laws. States such as Kansas, Iowa, and especially Missouri have mechanic lien laws which are aimed at preserving contractor rights to the fullest extent possible.

The Midwest Construction Blawg, an internet resource maintained by Dave Seitter, seeks to provide contractors across the states of Nebraska, Kansas, Iowa and Missouri with available resources for their everyday use. One of the most useful resources is Mr. Seitter’s blog which provides up to date case summaries and findings, shaping the lien laws of those states.

Recently, Mr. Seitter has tracked several developing cases over the State of Missouri which pertain to the State’s heavy handed lien laws. In his recent findings, Dave has stated that “Missouri mechanic lien laws continue to [be] liberal in nature – aimed to protect contractors and suppliers.” His remarks were made in response to the case of Glenstone Block Company v. Pebworth, a seminal Missouri case providing insight into the prosecution of mechanic’s liens.

In Glenstone Block, a Missouri Court of Appeals upheld a trial court’s ruling that Missouri’s law provided an “honest mistake” loophole of sorts for contractors recording liens. The recordation of a lien in the State requires a lien statement of the claim, illustrating that the materials or labor were provided on the job site. Though Glenstone’s attachments to its lien were not, in the traditional sense, acceptable, and its claim included work which was not in fact lienable, the Court applied liberal discretion in favor of the contractor.

Citing decades old precedent, the Court stated:

“[S]tatutes creating mechanic’s liens are remedial in nature and should be given a liberal construction so as to effectuate their object and purpose and protect the claims of the mechanics and materialmen. The mechanic’s lien law is to be construed as favorably to the materialman as its terms permit.”

Even more surprising was the Court’s upholding of a trial court decision to award pre-judgment interest to the claimant in the absence of a contractual clause providing the same. Though Missouri law provides such pre-judgment interest where the claimant has a contract with the opposing party, it had not made a determination as to whether lien claimants could recover such interest against homeowners, with which they do not have contracts.

Glenstone determined that lien claimants may in fact be able to recover up to 18% yearly interest on their lien claims. While many other states lack this protection, contractors in Missouri are provided with extra incentive to take the time and file liens on unpaid projects.

Express Lien advises Missouri contractors that lien notice is required for all parties who do not contract with the owner. While a lien can protect your interests, its important that it is formed and filed correctly. Express Lien can assist you with these necessary steps.

Express Lien continues to follow the developing scene in the Midwest, promising to bring you the services you need, to get paid.

Filing Your Public Works Lien!

Published on November 12, 2008 by Douglas Reiser

As a contractor, you will inevitably walk down both the private and public path to jobs. Most contractors will generally become involved in privately-funded projects, such as commercial malls, stores, and offices, and residential condominiums, apartments and homes. But there are a select few of you who will lock down that all important public bid job. Getting paid on those jobs has never been more easy!

Public bid jobs are referred to in many states as “public works.” Public works are a great way to find well-managed and supervised work. These jobs are bid out to the best contractor based upon a statewide public bid law. Once awarded, the general contractor is required to obtain bonding, practically ensuring that you, as a contractor on the job, will get paid.

Express Lien files privileges against Public Works for its clients! Some things that you need to know before considering filing a lien include: what is a public lien? who is responsible for my claim? and how do we file the lien? Of course, we are here to answer your questions:

What is a Public Lien?

Public “liens” are not liens at all. In fact, you as a contractor cannot “lien” public land. A public works project is generally determined by the owner of the land where the work is performed. If the land is owned by a government agency, entity, or section, you will have to file a Public Works statement.

The statement filed upon Public Works is not a “lien,” but instead a sworn statement of the amount due under the contract with your contracting partner. The sworn statement is filed against the project in the local records and sent to all interested parties.

Who is responsible for your claim?

In the majority of states, each of the contracting parties up the ladder to the initiating government-affiliate, is responsible for your claim. Typically, Express Lien will search to find the contracting government agency, the prime contractor and the bonding agent who acts as surety on the project.

As a contractor, the law will provide you with a legal remedy against the owner, surety and other contractors, if in fact you are not paid.

How do we do it?!?

By fax, internet or phone, we can get your public lien filing accomplished. Because your personal contract is unlikely to include the information necessary for the filing of a privilege, we ask that you attempt to collect all of the prime contractor’s contract and the bonding information, in order to save time.

Here is what you need to provide:

(1) Your company/personal contact information.

(2) A copy of your contract to perform the work (puchase order or work orders are fine)

(3) Name and Address of Owner/Government Agency

(4) Name and Address of any contractors above you – i.e. those who have subcontracted the work you performed downward, starting at the prime contractor.

(5) Relevant dates when your work began and ended.

(6) Copy of the Prime Contract and Bond.

(7) Copy of any Certificates of Substantial or Final Completion.

Remember that some states require that you Statement be filed within a short period afer substnatial completion. Please make sure that you get your claims filed immediately to prevent any delays in the research system. Some states work under a short time frame for considereing Sworn Statements. In most areas, the statement must be filed within 30-60 days from filing of a Ceritificate of Substantial or Final Completion.

What if I cannot obtain a copy of the Bond?

We are able to utilize online databases, public records, and couriers to pull documents at an additional fee. If we are unable to locate surety information, we will file the Statement against a default surety until the name is located.

Express Lien, LLC will obtain the relevant data, file your statement an send out notices to each of the intetested parties in the contract. You will never need to worry again about not getting paid! Public works collection projects are much more likely to be paid! So take a step and protect your business today.