When timely payments are not made on a project, things can go south quickly.
Owners, general contractors, subcontractors and suppliers can all get swept into protracted and expensive litigation when lien cases are filed. Once a lien case is filed, there are many obstacles standing in the way resolution. This topic will help all parties involved in the construction process identify how to avoid common lien-inducing situations. If a lien must be filed, it will help you understand the steps that generally must be taken to perfect liens and identify and overcome problems that delay resolution of lien cases. Finally, the topic will help you understand when and how to mediate the lien case and whether the case should be arbitrated or litigated.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Lien Avoidance - the Top Five Things You Can Do to Avoid Liens
- Understand the Payment Process in the Contract
- Fill out and Submit the Right Paperwork
- Get or Give a Written Change Order for That Extra Work
- Identify Lower-Tier Contractors and Suppliers
- Stay Classy
Making Your Lien Stick or Picking One Apart - General Things to Consider/Steps to Take in Order to Enforce or Defeat a Lien
- Preliminary Notice
- Claim of Lien
- Filing Suit
Common Problems Encountered in Lien Cases and How to Evaluate and Address Them
- Priorities
- Competing Liens
- Owner Bankruptcy
- Things to Consider When Counter-Claims, Construction Defect Claims, or Other Contract Claims Exist
- What to Do When the Sureties Get Involved
- Prompt Payment and Attorneys' Fees
Resolving Your Lien Claim
- Mediation - When Should Lien Cases Be Mediated?
- Arbitration - Is Arbitration Right for You?
- Lawsuit - What to Expect and Anticipate Before Filing
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 13, 2015.
Call 1-866-352-9540 for further credit information.
No Credit AvailableThis program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Steven M. Cvitanovic
Haight, Brown & Bonesteel LLP
- Partner in the office of Haight, Brown & Bonesteel, LLP
- Practice emphasizes all aspects of construction law, including construction defect, contractor licensing, delays, mechanics liens; payment, performance and license bonds, prevailing wages and stop notices
- Conducts regular seminars and workshops on numerous construction law topics
- Wrote more than 50 construction law alerts, advisories and publications related to construction law
- Member of the California Bar, the California Building Industry Association, and the ABA Forum on Construction Law, Division 7, “Surety, Insurance & Liens”
- Can be contacted at 415-281-7608, [email protected] and @steve_vic on Twitter®
Brian M. Perlberg, Esq.
The Associated General Contractors (AGC) of America, Inc.
- ConsensusDocs Executive Director and Senior Counsel
- Lead expert on construction law and contract matters
- AGC is the leading association of the construction industry with over 26,000 company members
- Serves as the executive director and senior counsel for ConsensusDocs, a coalition of 40 leading construction organizations
- On the ABA Forum on the Construction Law Steering Committee for the Contract Documents, the Executive Committee for the National Construction Dispute Resolution Committee (NCDRC) of the Arbitration Association of America (AAA), and the Board for Construction SuperConference Board
- Can be contacted at 703-837-5318
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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