Don’t Know Who Bonded A State Or Federal Project? Just ask.

In nearly every circumstance, a general contractor on a federal or state project is required to maintain a bond for the work being performed.   These bonds protect the payment rights of subcontractors, sub-subcontractors and suppliers.    In the event any of these parties are not paid on the project, the unpaid party can typically file a claim against the surety who bonds the project as per the Miller Act or a state’s Little Miller Act.  (Read this great article from Construction Business Owner about bonds, generally).

Claims against sureties are beneficial because:  (1) It can reduce the prevalence of personality conflicts between the unpaid party and the general contractor; and (2) It is a guarantee that at the end of a proceeding, money will be there.

However, you can’t make a claim against a surety if you don’t know who the surety is.   And if you’re not on the best of a terms with a general contractor, you may fear that it won’t reveal the surety to you.

So, this begs the question:  how on earth do you discover the identity of a surety?

The answer is quite simple:  Just ask.  That’s right, just ask for it.

Who To Ask?

Under the Miller Act and most Little Miller Act statutes, the public agency in charge of the project is required to (and quite used to) disclose the identity of the surety to anyone who asks for it.

Using Google, you can generally always find the governing authority.   A governing authority will typically manage its contracts through:

(a) public works department;
(b) new construction department;
(c) purchasing department;
(d) capital projects department; or
(e) facilities department

Most of these governing authorities (almost all) will have a website that gives you some information about their public contracts.   Figuring out which department is in charge of the contract is generally a toss up, so you will likely need to navigate around government websites to find the best possible contact.

How to Ask

As I stated above, agencies are required to disclose the surety on the job….actually getting it, just depends on how difficult the agency will make it for you.

If a governing authority has a website, you will generally be able to find out at least a little bit of information about their projects. If the project is relatively new, they might still have bid postings, pictures, articles and reports posted.

Giving the agency a phone call will usually do the trick, but if you run into trouble, just send a certified letter making the request.  You can even have Express Lien send this notice / request for you.   We’ll even figure out who to contact, saving your company valuable time and energy.

ConstructionLawMonitor.Com: Pay When Paid Clauses and Lien Rights

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 work.  As 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.

Construction Outlook Grim through 2010 – Staying Ahead of Accounts Receivables To Retain Its Importance

Ken Simonson, the chief economist for the Associated General Contractors of America, doesn’t have good news for the construction industry as the challenging year 2009 drags into its 3rd Quarter.

According to Simonson, the commercial construction industry forecast remains grim “at least through 2010.”

For contractors, suppliers, and other construction professionals throughout the nation, this means that good record-keeping and collection practices remain important.

Almost one year ago, Wolfe Law Group posted an article on its Construction Law Monitor after Ken Simonson reported that 2009 would present economic challenges to contractors.

Now more than ever, the article stated, contractors should consider the benefits of a construction or mechanics lien.  The article went on to state:

As soon as the construction project comes to a halt or payment is late, contractors, subcontractors and suppliers should rush to file its construction / mechanics lien to protect its interest in the property. Construction liens are available in virtually every state, and works to transform the project job site as a sort of “collateral” to the contractor for its payment.

The time available to file a construction lien is not indefinite, and the legal requirements should be followed to the letter. However, when filed correctly, a construction lien can help your company recover payment for its project.

Although the stimulus spending will be cause for some optimism in the construction industry, it appears economic struggles will stick around into 2010.    And the recommendations of Wolfe Law Group in 2009 are repeated today.

If your company is awaiting payment, file your lien with Express Lien today.   Lien Smarter…Get Paid.

How Filing A Lien Can Be Helpful on a Bankrupt Project

Let’s face facts:  2009 has not been a great year for construction.

Contractors and Suppliers large and small are facing non-payment scenarios, and sometimes, while waiting for a prolonged payment some are getting feared news:  that the owner or general contractor is filing bankruptcy.

Christopher Hill, a construction attorney in Virginia, just this week published a short and easy-to-read article on JDSupra explaining how Virginia Mechanic’s Liens Survive Bankruptcy.   Mr. Hill summarizes his point with the following:

[I]n today’s climate, contractors should not feel that they are completely helpless in the bankruptcy fight.   Filing a mechanics lien…can put a contractor or subcontractor in as good a position as possible should the owner of a project file bankruptcy.

While the article regards the mechanics lien statutes in Virginia, many other states’ lien statutes operate the same way.

Generally speaking, mechanics lien statutes are written to protect those who contributed to construction projects.   Regardless of what errors in payment occur on a construction project, mechanics liens are the best tool for your company to protect its right to get paid.

But the right doesn’t last forever, and if you file incorrectly, the rules are uncompromising.

Get Started with Express Lien to file your claim of lien, and protect your company’s right to payment.

Lien on Property or Lien on Funds? It’s Two Different Collection Tools

Liens are one of the most powerful collection tools available to workers in the construction industry. Mechanics Liens are inexpensive and hard-hitting, and perhaps one of the most effective ways to collect on non-paying projects.

A properly filed construction lien can affect a property’s title, entangles multiple parties to your dispute, and helps get you paid.  Suppliers, prime/sub/sub-sub contractors and laborers all have the rights to lien a property they performed work on.

Bradley Coxe  Hodges & Coxe, PC law firm wrote some basic information within JD Supra explaining the two broad types of a mechanics’ lien-  the property or funds lien.

Property liens are the most popular and widely used in each state.  The homeowner is responsible for getting the worker paid for his completed job.  This, when filed and recorded correctly within the respective county or parish places a hold on the owner’s land preventing them from selling or turning over until the matter is determined by the courts.

The second type of lien is the lien on funds; which is when the payor, not the owner, is responsible to pay for the work.  Whomever performed work on the property that was not contracted directly with the owner can send a notice to the owner letting them know 1- they have not been paid  and 2- they should not pay whomever is in charge of getting the money (in most cases, this is the prime or general contractor)  The funds that are owed to the general or prime contractor is what has been liened.  If the general contractor has been paid after a notice was supplied to the owner, a sub-contractor can then lien the property.

Lien Smarter….Get Paid.

What Are the Chances of Getting Paid After Filing A Lien?

In today’s economic climate, payment problems are plaguing construction projects.

Just recently, a prospective customer called us and asked:  what are the chances of getting paid after filing a lien?

Unfortunately, it’s impossible to provide a success percentage because each situation is different.

However, mechanics liens are far and away one of the most effective ways to secure payment for your company.

To put it simply then, we can only point out the obvious in response to this question.   The obvious answer is that filing a mechanics lien is a first, and oftentimes necessary, step to get paid on a problem project.

Without a recorded lien, your company is simply a bystander to the project’s payment obligations, and is pinning its company’s rights to payment on good fortune.

Filing a construction lien isn’t extraordinarily expensive, and it’s a step in the right direction for your organization.  Get to know the lien deadlines and laws for the state where you performed work, and then make a move to protect your company by securing your lien.

File a lien today and get payment to come your way!  Lien SMARTER…..to get paid.

Real Estate Agent Claims: Mechanic’s Liens Can Mess Up A Real Estate Closing

Although situated in Texas, the “We Did It Again Group” sells and lists property and property insurance in all 50 states, and even internationally.  Last week, they posted an article on their blog titled “Mechanic’s Liens Can Mess Up A Real Estate Closing!”

The author is speaking to property owners who are interested in selling their property, wherein he discusses how a lien works and what effects it may have on someone interested in selling property.

Because of the way lien laws work in most states, the We Did It Again Group warns that a “homeowner may actually end up paying twice for the same work.”

The author of the blog post has a great explanation of what types of situations a homeowner may encounter if their property is liened and they want to move forward with a sale or refinance:

The theory is that the value of the property upon which the labor or materials have been bestowed has been increased by virtue of these efforts and the homeowner who has reaped this benefit is required in return to act as the ultimate guarantor of full payment to the persons responsible for this increase in value. In practice, a homeowner faced with a valid mechanics’ lien may be compelled to pay the lien claimant and then pursue conventional legal remedies against the contractor or subcontractor who initially failed to pay the lien claimant but who himself was paid by the homeowner. Another justification for this result relates to the relative financial strengths of the parties to a work of improvement. The law views the property owner as being in a better situation to absorb the financial setback occasioned by having to pay the amount of a valid mechanics’ lien, as opposed to a laborer or material man who is viewed as being less able to absorb the financial burdens occasioned by not being paid for services or materials provided in connection with a work of improvement.

Get more information by reading the blog post here.

What does this mean for contractors?   As we’ve said before, when used properly, a construction or mechanics lien can be a very powerful collections tool.  Learn more about how you can lien smarter with Express Lien.

When A/R Is No Longer Considered An Asset & Filing A Lien Is.

Everyone knows Accounts Receivables are supposed to be considered assets but are they always?

Company A sells a large item or provides services to Company B.  This item/service that Company B purchased is something that adds value to the existing property or business or maybe it was for resale.  That is a factor we will determine later.

Company B fails to pay for this item/service in the agreed amount of time that was set with Company A. As time takes its course,  Company A continuously calls, faxes, and emails requests for payment, which has fallen on Company B’s deaf ears.  It is only a matter of time before beating this dead horse costs you more in employee time than going to court to recover your losses would cost.  (Thus the “no longer an asset” assumption.)

What options does Company A have to get it’s money or material back? Depending on what state you reside in, or state that you sold your item out of, you have a few options.

Option A- You can keep with the old fashion collection process. Keep making phone calls, sending faxes of the past due invoice, and emailing polite but firm requests for payment.

Option B- File a lien. If you have installed something of value into a home or business, you can file a lien on the homeowners property.  If you fixed something, even if it is not a car, you can file a mechanics lien.  This is time consuming and you must follow an order of operations by state within a time line.  Even then, this action keeps the homeowner from obtaining a loan or selling their house.

Option C- Run to a law office for collection.  Good luck with that.  If you want to recover any resemblance to the original amount due on the original invoice, I would not recommmend this option.

7 Habits of Contractors Who Lose Money…and How to Break Them

The Construction Commando’s “Contractor’s Secret Weapon” published an article with this title that described seven instances when contractors lose money on a project.  While the article was drafted to an audience of California contractors, the habits apply nationwide.

It will be to any contractors’ benefit to review this article online, access which habits apply to you, and make an effort to avoid the costly mistakes.  Any progress will help increase your bottom line.

The seven habits highlighted are:

1)    The “Gentlemen’s Agreement” – A Handshake and Your Word.   Bottom line:  Get it in writing.
2)    Using Contracts that Fall Short of the Legal Requirements.
3)    Not Getting Every Change Order in Writing.
4)    Failing to invoice immediately.
5)    Failing to serve a preliminary 20-day notice (pre-lien construction notices)
6)    Don’t Worry – They Will “Take Care of You” on the Next Job
7)    It isn’t good “customer service” to record a Mechanic’s Lien

Protect Your Lien Rights with Express Lien

It’s Easy To Protect Your Lien Rights & Even Easier To Lose Them

Being a part of the construction industry is truly wonderful, when customers pay you, but what about those times when your customer isn’t willing to pay you for a job well done?

Unfortunately, walking around muttering expressions won’t pay your bills. Filing a mechanic’s lien on the owner’s property is often your last chance to collect on the money that is owed to you. This is where the importance of Express Lien preliminary notice becomes most clear.

If you don’t process your preliminary notice, most often the penalty is that there is no allowance to file a mechanic’s lien on the owner’s property, which means that you could very well lose out 100% and collect absolutely none of the money that is owed.

Read on, you’ll be stunned at how easy it is to get “stiffed” when you don’t protect your right to lien…

In the world of construction, while it is expected that you’ll be paid for your work, unfortunately there are times when payment is not so easily forthcoming. These are the times and this is when the preliminary notice is important. The main purpose of the preliminary notice is to announce that you and your company are present and that you have a financial interest in the property. Even though your general contractor knows that you are involved, his customer may not know. It’s your legal responsibility to tell the owner that you have this claim.

Here’s why:
You’ve finished the job, and your general contractor is refusing to pay you. After you’ve gone to court and you’ve won your judgment, who is going to make sure that you get paid?

Don’t look at the judge; he’s a judge, not a bill collector.
Don’t look at the guy who owes you, he didn’t want to pay you to begin with.

So… now you’re back to where you were before you went to court – the guy still owes you and he still won’t pay you! (Except that, in addition to still not being paid, now you’re in debt to your attorney).

Out of time and money, the only thing do is file a lien on the property you did the work on but only if you’ve processed your preliminary notice.

Important: Even if the Owner has paid your customer in full, you still file the lien.
It’s the legal responsibility of the Owner to insure that everyone gets paid.

The preliminary notice MUST be mailed out within the time allowed by the law. This time frame varies from state to state, so you must check your specific state at ExpressLien

Lien Smarter & Get Paid!