Construction Claims and Liens: Notice, Documentation, and Protection of Rights of Subcontractors and Suppliers
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide construction counsel in the best methods of securing claims and liens for subcontractors and suppliers and what defenses an owner or general contractor may have. Lien rights and remedies vary greatly between states, and these distinctions are often difficult for owners, contractors, and subcontractors to navigate. Most states apply lien laws strictly--meaning technical noncompliance can result in forfeiture of lien rights or defenses. Our panel will provide the relevant information on how to comply with lien requirements and comprehend potential issues that may arise if lien rights are asserted on your project.
- Claims: notice
- What's included
- How delivered
- Who receives
- How to separate yourself from the pack with a mechanic’s lien
- Lien preservation and filing requirements
- Enforcing (or defending against) mechanic’s liens
- Traps for the unwary
- Waivers (Contract and Payment)
- Differing deadlines/State requirements
- Last date of wor
- Conditional vs. unconditional
- Prospective waivers
The panel will review these and other key topics:
- What constitutes a claim under a standard construction contract (such as AIA)?
- How must notice be delivered? What is considered timely? Who must be provided notice?
- Who has lien rights under the law? What rights does the subcontractor or supplier have outside of lien rights?
- What state requirements exist for filing a valid lien?
- How can a lien be contested and how is a lien foreclosed upon?
- How is recovery of damages, including attorney's fees, limited in lien claims?
Scott D. Cahalan
Smith Gambrell & Russell
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects,... | Read More
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers and vendors in connection with construction, commercial and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction and construction litigation, arbitration and mediation. Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 – Standard Form of Agreement Between Owner and Contractor Where the Price Is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 – Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis With a Guaranteed Maximum Price. He has also given numerous seminars throughout the U.S. and Europe concerning construction contracts, implied contract obligations, claims, green building, construction insurance, and mechanics lien law. Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches Design and Construction Law.Close
Kegler Brown Hill + Ritter
Mr. Travers practices primarily in the firm’s Construction Law area, representing subcontractors, general... | Read More
Mr. Travers practices primarily in the firm’s Construction Law area, representing subcontractors, general contractors, owners, suppliers, architects, sureties, construction managers and others. He joined Kegler Brown in 2005 from Katz & Stone LLP, in Vienna, Virginia (suburb of Washington, D.C.).Close