See original article at Washington Mechanics Lien Deadlines That End On Holidays or Weekends Extend To Next Business Day In Washington state, those unpaid for furnishing labor or materials to a construction project must file their mechanics lien within 90 days of last furnishing to the project. The deadline is very strictly adhered to, as all mechanics lien deadlines are. Except that the Washington mechanics lien deadline may be extended for a very short period of time in one circumstance: if the deadline ends on a weekend or holiday. One must be very careful in proceeding.

It looks at the cost of labor, materials, factory rent, electricity and other expenses for similar companies in India and then assumes that companies in China face the same costs. The United States has been the dumping ground for inferior made Chinese products for the last decade. From poisoned toys and milk to substandard building products - particularly drywall. So would Solar Panels be any different? If we are to restore and Build America we need to realize that we can compete on the global market by producing superior products. guess its easy to lay down than stand up and fight.

Totals for labor, equipment, materials and subs will be shown, as well as estimated total costs, overhead, and profit. A few new reports launched this week for your estimates. You’ll find new reports for both Standard (Landscape Construction) estimates and Service (Maintenance and Snow) estimates. The reports are all available using the report menu on the top-right of your estimate screen. Estimated Job Cost Report. What is it:   The estimated job cost report will break down the hours and costs for each work area on the job. Estimate Review Report.

Employment & Labor Federal & State Contracts Labor Regulations Legislation & Law Public Contracting E-Verify Everify federal contracting federal employee verification labor regulations verification of employees web applicationsNot ready? Then wait. No rush. Verify? Uh, what? That might be your response as a contractor – and I wouldn’t blame you. To date, E-Verify has only hit the largest of federal contractors. Rest assured though that it is coming to a small business near you. It has been a long while since I last talked about E-Verify. Yowza!

When providing services, materials or labor to a construction project, I feel it’s best to understand and utilize the lien-like remedy available to those furnishing. You thought whenever you furnished labor or materials to a construction project, you’re always with bond or lien rights… Well, unfortunately, the law is never black and white, and if there is one rule to which there is no exception, it is the rule that there are always exceptions. See original article at How Can I Secure Payment If There Are No Lien Or Bond Rights On The Project? Personal Guaranty.

It wasn’t easy – I had plenty of layoffs – but there was plenty of upside and I went from laborer in a sintering plant through a series of jobs to become, senior plant metallurgist, quality director, plant manager, division director for quality and technology. Globalization; Entry of China and India into the global labor force; The internet; Improved productivity; Technological innovation; Demographics and worker preferences; All of the above.  . I’ve always been a big supporter of promoting manufacturing and tradesmen jobs. Manufacturing ?

The right to file a mechanics lien in New York arises out of Lien Law § 3, which provides: A contractor, subcontractor, laborer, materialman, landscape gardener…who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of his agent… When the work was commissioned by a tenant, the key phrase here in the statute is “with the consent” of the property owner. If the work was performed with the owner’s consent, the mechanics lien right is available. This is tricky.

If you’ve furnished labor or materials to any of these counties and need to file a mechanics lien, Zlien offers same day and next day electronic recording of your mechanics lien document. See original article at Is Your Texas Mechanics Lien Due Tomorrow? Same Day Filing Available Getting a mechanics lien filed on or before the 15th day of a calendar month is critical in Texas, and if you’re right up against the deadline, you can use Zlien to file your mechanics lien electronically to make certain it gets filed on time. It’s May 15th tomorrow. Written by Scott Wolfe Jr.

If you’re unpaid for labor or materials furnished to a federal construction project, you probably  have the right to file a “Miller Act Claim” to secure payment. Just because you’re furnishing labor or materials to a federal project  does not mean you’re going to have a claim under the Miller Act. See original article at Examining The Miller Act – When It Applies And When Your Qualified To Make A Claim. Miller Act Only Applies When Contracts Are Greater Than $100,000. In these instances, the Miller Act is not likely to be applicable.

Isbel  that any preliminary notices sent before materials or labor are actually furnished is too early and ineffective; even if the notice is sent just the day before furnishing, and actually received after furnishing! After all, the purpose of the Ohio Notice of Furnishing, and any preliminary notice, is to provide notice that a contractor or supplier is furnishing labor or material to the project. See original article at Send Ohio Notice of Furnishing Fast…But Not Early I’ll go ahead and say…the law can be quite stupid. Date Materials Furnished: May 15.

percent of the labor force. I read in this mornings New York Times a great op-ed piece by Dean Baker who I feel sums up the current crisis in more than economic terms. He describes it in people terms. have written on more than one occasion about the Shadow People, those who have nowhere to go or to belong, so they retreat into the shadows. For some that it is a much larger picture of despair in which there is no escape. The ugly truth is that suicide is not painless but its the option that for many seem to be the means to the end. Loud volumes. percent of the work force. One is suicide.

What staves off those alternatives are labor concessions and a substantial government subsidy, something he and others in the United States say is increasingly important to fuel a nascent recovery in manufacturing. The labor concessions at Revere, in a contract endorsed by the United Automobile Workers, are much like those unions are giving to other manufacturers. Apart from subsidies, organized labor’s givebacks in recent years have contributed significantly to what manufacturers call “lean” practices. Manufacturing By LOUIS UCHITELLE ROME, N.Y. percent from 11.7 Biden Jr.

Work, according to the California statute, is “labor, service, equipment or material provided to a work of improvement.” See original article at Construction Managers Probably Can File Mechanic Liens in California – Even Without A License A few years ago, a case addressing whether construction managers needed a contractor’s license to do business made waves in California. The case, The Fifth Day LLC v. James P. The question in that case really boiled down to whether a construction manager is a “consultant” or a “contractor.” James P.

The issue was presented to Washington’s appeals court, but it resolved the issue by determining construction managers were not authorized to file mechanics liens in the state because they were neither “laborers” nor providers of “professional services.” ” To qualify as a laborer, the court reasoned, a construction manager had to actually do work on-site, which Blue Diamond Group did not do. At the current time, therefore, construction managers do not have mechanics lien rights in the state of Washington. The case was Blue Diamond Group Inc v.

Construction managers frequently run into problems with mechanics lien laws for two primary reasons:  (1) They are not specifically named in the statutes, largely because the statutes were written before the profession got popular; and (2) They do not actually furnish labor or materials to the jobsite. Other states, however, just say something along the lines of “anyone who furnishes materials, labor, equipment, or services to a real property improvement.” See original article at Can Construction Managers File Mechanics Liens? But why not construction managers?

Most contractors will simply compare the dollar cost to date, including labor and materials, to see if the estimated percentage of work  completed is in line with the estimate. To keep senior management, owners and other stakeholders informed, reports can consider other factors such as specific variances for labor, material, subcontracts, equipment and overhead. By Sheldon Needle. Defining Earned Value. It may be defined as follows: The process of considering scope, schedule, and resources, measured against a project’s actual performance. Neither really deals with cost tracking.

Most contractors will simply compare the dollar cost to date, including labor and materials, to see if the estimated percentage of work  completed is in line with the estimate. To keep senior management, owners and other stakeholders informed, reports can consider other factors such as specific variances for labor, material, subcontracts, equipment and overhead. By Sheldon Needle. Defining Earned Value. It may be defined as follows: The process of considering scope, schedule, and resources, measured against a project’s actual performance. Neither really deals with cost tracking.

When you set out within the mechanics lien document the amount due and owing to you, you should only claim the principal amount due and owing to you for the materials and labor furnished to the project. See original article at Can I Include Lien Costs or Attorney Fees in a Washington Mechanics Lien? few years ago, I wrote a blog post to address a very frequently asked question, which is “ What costs can I include in a mechanics lien? The answer varies from state to state, and my blog post from 2010 on the subject discussed a general answer. Estate of Haselwood v.

Those furnishing labor, materials or equipment to these projects ought be prepared to preserve and timely perfect their lien and bond claim rights in the event of non-payment. See original article at Preparing A Mechanics Lien Claims Against City Construction Projects in New Orleans This afternoon I came across an article from one of my favorite publications, published in my hometown: New Orleans City Business. ” Specifically, between May 29th and July 15th, construction will start on over $28 million of city projects, including the St. Roch Market, the St.

According to the Bureau of Labor Statistics’ latest monthly report, though, the architectural and engineering services have added 7,400 jobs in the last month. So how can the Construction unemployment rate for April 2012 fall to 14.5% (from 17.2% in March) but the industry lose 2,000 jobs? As ENR reported, the laid off construction workers find jobs outside the construction industry. In fact, though the unemployment rate has steadily dropped, the construction industry employs less workers than in April 2010. That’s normally a harbinger of good news for construction.

The bid format contained labor and material breakouts so this assisted us in the effort. A vast majority of my clients are contractors.  We usually prepare bid estimates and pre-construction estimates on their behalf.  I also do a lot of work for owners. Usually we prepare the budget and pre-construction estimates along the bid evaluation estimates. On a recent industrial project for an owner we prepared the bid evaluation estimate.  There were seven medium to large pre-qualified bidders for the work.  Three were substantially lower than the “pack” of four bids.  and profit.

You are working with a developer or contractor who is developing multiple properties all at the same time, or in close proximity to one another, and you’ve furnished labor or materials to a number of these projects or properties. The mechanics lien laws care very little about all of those things, instead these laws simply provide those who furnish labor or materials to a property a lien on that property. So if you have to file a mechanics lien for each property that you furnished labor or materials upon, do you file them all for the same total amount due to you?

Economists are forecasting that the Labor Department will announce on Friday that the nation’s employers added about 165,000 net jobs last month — few of them in the construction industry. According to the Labor Department, the construction industry slashed 2.27 This morning this article was on the front page of the New York Times regarding the surplus of skilled crafstman seeking work via Craigslist. As one who used to advertise on Craigslist and use the site to hire, buy and resell items; I used to find it a valuable tool, both professionally and personally. Clearly its needed.

See original article at How To File A Miller Act Claim When furnishing labor or materials to a federal construction project, your mechanics lien remedy is filing a Miller Act Claim. The Miller Act Claim is the lien-like remedy available to contractors, suppliers and other service providers furnishing labor or material to a federal construction project. Any party who did not contract with the prime contractor directly is required to deliver this claim notice to the prime contractor within 90 days from their last furnishing of any materials or labor to the project.

See original article at How To File A Miller Act Claim When furnishing labor or materials to a federal construction project, your mechanics lien remedy is filing a Miller Act Claim. The Miller Act Claim is the lien-like remedy available to contractors, suppliers and other service providers furnishing labor or material to a federal construction project. Any party who did not contract with the prime contractor directly is required to deliver this claim notice to the prime contractor within 90 days from their last furnishing of any materials or labor to the project.

See original article at How To File A Miller Act Claim When furnishing labor or materials to a federal construction project, your mechanics lien remedy is filing a Miller Act Claim. The Miller Act Claim is the lien-like remedy available to contractors, suppliers and other service providers furnishing labor or material to a federal construction project. Any party who did not contract with the prime contractor directly is required to deliver this claim notice to the prime contractor within 90 days from their last furnishing of any materials or labor to the project.

The are a couple of clear-cut reasons that organizations have opted to build up capacity with subcontracted labor, rather than rehiring full-time technicians. By relying on contracted labor, companies can cut down on training costs and technician downtime that results from the natural ebb and flow of business. When a technician shows up at your door or office to make a repair, whether it’s a cable box, a printer, or a piece of medical device equipment, it’s common for them to show up in a company van, wearing the company colors. Shorter Waits to Get Paid.

The Idaho Supreme Court agreed with Chase Home Finance: The LLC is the entity that entered into the contract, provided the labor and materials, brought the legal action, and filed the claim of lien. See original article at Idaho Mechanics Lien Invalidated By Appeals Court Based on Contractor Registration Technicality It’s funny how cases are decided completely independent from one another, but somehow, there is overlap and relationships between them. This is the case for two decisions from the past few weeks, one in Idaho and another in California. Chase Home Finance. Rezai.

Singh, management and coordination services do not fall within the statutory definition of “labor,” absent a clear showing that the labor was provided at the improved property. Here, there is nothing to show that any “labor” was performed at the site of the improved property. ? Labor, in other words, was not “labor” as contemplated by Washington’s lien statute unless it happened “at the site of the improved property.” See original article at Prefabricated Construction Rising – Who Has Mechanics Lien Rights? KB Seattle, Inc.

Florida’s statute provides: Labor performed on or materials furnished to the common elements are not the basis for a lien on the common elements, but if authorized by the association , the labor or materials are deemed to be performed or furnished with the express consent of each unit owner and may be the basis for the filing of a lien against all condominium parcels in the proportions for which the owners are liable for common expenses. See original article at Associations Must Authorize Condo Work For Florida Mechanics Lien…Or Do They? In  S. Coastal Elec.,

See original article at Warning: More Virginia Transportation Projects May Be Without Payment Bonds When performing work on a state construction project anywhere in the nation, those furnishing labor or materials to the project typically have bond claim rights in lieu of mechanics lien rights. These claims are secured pursuant to “Little Miller Act” statutes present in each state. Whenever a contractor or supplier goes unpaid on a state construction project, they can file a bond claim against the prime contractor’s payment bond on the project. Written by Scott Wolfe Jr.

After all, in determining whether you have a right to file a lien, you typically think about some key questions: (i) Did you furnish labor or materials to improve a property; (ii) Were your labor and materials incorporated into or attached to the structure; (iii) Are you unpaid? See original article at Does The Green Building Industry Have Less Mechanics Lien Rights? Despite the complex installation required for this system — on a property’s rooftop — the system did not qualify its installer to a mechanics lien filing. TEFCO, LLC  can be read here. TEFCO LLC

Isn’t it kind of weird that labor is spelled labour in the United Kingdom?  But regardless of the spelling, labor (labour) unions in the construction industry are like the pink elephant in the room that nobody dares to speak of. While construction labor unions can act and have acted as the 800 pound gorilla, in the previous reference they are clearly the pink elephant. *. So why are construction labor unions the pink elephant in the room?  One, labor unions in any industry are a political topic with strong feeling on both sides.  For a few reasons. 

If you’re furnishing labor or materials to any projects in Arizona, not knowing and complying with these requirements is at your own peril. See original article at Protect Your Cash In The Improving Arizona Construction Market This morning, I posted about a Los Angeles Times article about an “rebound” in commercial building throughout Southern California. Right after, I encountered an article from The Republic about a similar trend in the Arizona construction industry, in an article title “ Good News For Construction Jobs.” ” Written by Scott Wolfe Jr.

These notices – called 20-Day Preliminary Notice – must be furnished within 20 days of first delivering labor or materials. See original article at Los Angeles Construction Market On Rebound…Prepare Your Lien Rights I ran across an article this morning in the Los Angeles Times reporting that there is a “commercial building rebound” in Southern California as we all head into the spring and summer months. This is great news for the construction industry in the Los Angeles area (and really, everywhere). Preliminary Notices Protect California Contractors.

If you perform the work of a contractor in Washington, you must be registered with the Department of Labor & Industries and carry a bond and insurance. Doh!!! is right. Don't work without a registration. Washington is harsh, but perhaps right on point. If you do not – don’t ever expect to file a lien or sue someone for payment. Other states do allow unregistered or unlicensed (depending on what they call it) to collect payment for their work by raising a claim in a court of law. Washington takes the most strict of approaches. You would be mistaken. The Andries v.

Generally speaking, if you install a sign directly to a building’s structure, such as the sign installation photographed at the top of this blog post, you should have a right to file a mechanics lien for the labor and materials. Every state has a spectrum of services, labor or materials protected by its mechanics lien laws. See original article at Can You File A Mechanics Lien For Installing Signage? Anyone in the signage business knows that signs come in all shapes and sizes. Sometimes they are attached directly on a building, and sometimes they’re on an awning.

A laborer had asked whether he should file a mechanics lien , and an attorney responded saying “A demand letter from an attorney can be very effective and much quicker.” What if the laborer, after going through a long litigation process, finally got a judgment and the company ignored it? think the attorney’s advice was absolutely wrong here, and the laborer should take advantage of his lien rights while he has the change. See original article at Delaying A Mechanics Lien Claim Is A Bad, Bad Idea You’re not paid. So, of course, you wait. ” Wow!

Job descriptions included in this update are: Construction Landscape Laborer. Grounds Maintenance Laborer. Thanks to user suggestions, we’ve added another few new layouts to our Estimate reports screen. You’ll notice we’ve renamed many of the reports. As our report options continue grow, it was important to re-categorize and improve the names of the reports so that they are more descriptive. new report has been added Customer Proposal (Total Price Only ). All subtotals are ‘hidden’ and the customer is presented with one final price only. Carpenter.

Therefore the state has come up with its own security device to give contractors and laborers a way to collect when not receiving payment. This document needs to be filed by the subcontractor or laborer within 45 days of when the work was accepted by the government body overseeing the project. Here at  Wolfe Law Group , I have been blogging a lot lately on liens for both public and private projects ( See other posts here ). Anytime a property is owned by and arm of the state then you are dealing with a public project. see La. 38:2241 et seq. ). 38:2242. La R.S. 38:2242.2. La R.S.

If your state requires all mechanics lien be recorded within 90 days of last furnishing labor or materials to the project, and you file your lien 95 days after this date, you’re lien is invalid per se, and there’s no reasonable basis for its filing. See original article at How Do You Remove A Frivolous Mechanics Lien? This blog traditionally focuses on how to file mechanics lien claims, largely analyzing the mechanics lien process from the lien claimant’s perspective. What is a Frivolous Mechanics Lien? Resource To Remove Mechanics Lien in Louisiana.

Here are some Spring ideas to ‘sharpen the axe’ in your landscape business… Work Your Company’s Budget …  have a plan for what its going to cost to get the work done (labor, equipment, materials, and subs) and what you’re going to spend on overhead. “Give me six hours to chop down a tree and I will spend the first four sharpening the axe.” ” – Abraham Lincoln. For most of North America, spring is in the air and has come earlier than expected. But take a minute to remember Lincoln’s great quote (see above).

The Job Planner (Job Totals) report will print a summary of all your job resources (labor, equipment, materials and subs) by resource type, not by work area. This will make ordering materials, scheduling equipment, and giving labor hour goals even easier than before. The report will open, and rather than being separated by Work Area (the default for most reports), it will be organized by resource type:  Labor, Equipment, Materials, and Subs. To find this report, simply open up the reports menu on your estimate screen. You want to select the Job Planner (Job Totals)  report.

The Department of Labor & Industries manages this process and provides a number of helpful resources on their website. Your car needs one, so does every contractor. The construction industry slows from time to time. Despite the fading of work, new contractors show up to the scene each and every day. Perhaps these new contractors are doing something new, something innovative or something efficient; that niche is what makes their decision to go it alone attractive. Well, taking that plunge can be made easier on you if you don’t have to pay thousands in legal fees. .

Instead, the lien claim is filed against bonds or, in this case, funds withheld from the prime contractor to create a fund for unpaid laborers and suppliers. 1311.28, which governs claims against public entities for failing to comply with the statute’s requirement it create a fund for unpaid laborers and suppliers. See original article at Splitting Hairs Is Common In Mechanics Lien Cases The law is ruthless. In a dispute, it rarely matters who is actually right and who is actually wrong. Every decision comes down to procedural nuances, and seemingly inconsequential matters.

prominent supporter of the bill is the Mechanical Contractors Association of Chicago (MCA Chicago) , who had this to say in a press release: Since the 1840s…contractors have always been given consideration for the value of improvements made to the property as they supplied the labor and materials…New construction projects in Illinois hinge on contractors continuing to take risk…Restoration of their lien rights under the Act will go a long way in creating incentives to do so.” Cypress Creek I, LP. Written by Scott Wolfe Jr.

These forms vary from state-to-state a great degree, and they also vary by project, by the tier of the claimant, by the type of materials or labor being furnished and more. See original article at Beware of Bad Mechanics Lien Information Online In my most recent blog post, “ Are Checks with ‘Payment In Full’ in Memo Field Legally Binding? ,” I made mention of some bad advice I found through a Google search of this topic. One particular website had comments from 7 or 8 different people, all dispelling completely wrong information. Buyer beware.

Two weeks ago the New Orleans City Council passed and ordinance that is purported to beef up labor violations for city construction contracts. 28,899, authored by Council Vice President Granderson that requires that contractors and subcontractors with city construction contracts of more than $50,000 report to the City Attorney any current company violations of federal, state and municipal laws that govern labor and employment. Specifically, the contractor is required to give notice to the City Attorney within 90 days of the issuance of any labor violation determination.

The thing about mechanics lien rights is that a supplier or contractor has these rights as a matter of law, and by virtue of furnishing materials or labor to a project. See original article at Are Checks with “Payment In Full” In Memo Field Legally Binding? Do They Effect Mechanics Lien Rights? Short Answer:   Beware checks with “Payment in Full,” “Full and Final Settlement” or similar language written in the memo field or endorsement area. Long Answer:   I was contacted recently with this exact question, and it’s not the first time. 834 (La.

Consider the statement by the firm Smith Debnam Narron Drake Saintsing & Myers LLP in a firm update about the cases , where they write as follows: Prior to the bankruptcy court’s decisions in Harrelson and Mammoth, most North Carolina construction lawyers, contractors, subcontractors and suppliers operated under the belief that providing labor and/or materials for the improvement of real property within the definition of Chapter 44A of the North Carolina General Statutes provides them with inchoate lien rights that arise upon the furnishing of work or materials. Just last week, Hon.

miss those days picking and enjoying the fruits of my labor and treasure any and all green space gardners who grow delightful treats in small spaces. I just got this wonderful submission from Ashley Halligan of Software Advice. As a greenie the irony is that I am also the worst gardner in the world. shame I admittedly acknowledge as both parents were prodigious successful gardners with a full veggie garden and fruit trees in our very urban home. Feel free to read the article below and click on the link to find all the great other links Ashley provides for reference. 1) Test your soil.

Miller Act protects subcontractors and suppliers against non-payment when furnishing materials or labor to a federal project. See original article at U.S. House Bill Looks To Fix Problem with Miller Act Bonds The U.S. But does it really? That’s what is subject to debate in the United States House of Representatives, where the “Security in Bonding Act of 2011″ (HR 3534) is being considered. In short, prime contractors must furnish a payment bond whenever working on a federal contract. Those unpaid on the project can request payment directly from the bonding company.

Similarly, the determination of the extent of services provided (labor only v. labor and materials) and your situation in the contracting chain (sub-subcontractor, subcontractor v. Don't forget the lien notice! Liens have always been a hot topic on the blog. For some reason, contractor interest in liens had taken a hit in past year (perhaps because most homes were over-mortgaged). But liens are back with a vengeance, and contractors are stepping up their internal lien procedures to ensure that their right to payment is always secured. End of story. Know the Project Type.

The attendees had backgrounds in labor, commercial and construction endeavors.  Construction commercial construction economy Don Short economic recovery labor politician recession Tempest CompanyI just returned from a continuing education conference in Arizona.  During the breaks and lunches we had many things to talk about.  Among them was the economy. With all of the conversations, there was a common opinion of the economic situation.  That opinion is:  THERE IS NO DOUBLE DIP RECESSION! The recession in all of our business ventures is an ongoing downturn in the economy. 

Fortunately for me, he kept good notes on items such as labor rates for welding.  Even though times have changed dramatically does not mean that old information is useless.  I have collected quite the selection of reference books; some I think are older than me.  While prices have changed, many aspects of construction remain the same. have also collected another treasure cove, a retired estimator’s notes.  I was able to snag this from an individual who is now close to 90 years old.  I actually talked to him the other day and he is still as sharp as ever. 

Triangle Grading and Paving is a Triad-area company with multiple public contracts, 18 since 2000 from the NC Department of Transportation alone. Frequently the low bidder, Triangle Grading has a long history of performing work for the state. However, a recent high profile controversy has threatened to remove the company from the bid lists for public [.] No related posts. law notes news notes bidder construction contractor public projects

” Depending on the state where you are furnishing materials or labor, this could be a very, very big deal. See original article at Preliminary Notice Deadlines May Be Impacted By Slower First Class Mail Delivery. It’s hard times for the United States Postal Service, and has been for years. The news is cluttered with stories over the past three or four years about the USPS raising postage rates and facing bankruptcy. Most recently, it was announced that the USPS will change the way it delivers and sorts First Class mail. Written by Scott Wolfe Jr.

The US Bureau of Labor Statistics reported that Feb 2012 construction unemployment rate was 17.1%, an improvement from the 17.8% Jan 2012 rate. It’s a substantial improvement from the Feb 2011 rate of 21.8%. In fact, the report shows notable gains in construction employment in the last year across all categories. The seasonably adjusted rates are shown below (in thousands). Type                                   Feb 2011     Feb 2012. Constr of bldgs              1,141.11      1,236.3. Resid  bldgs                      528.0          573.1. Nonresid spec trades 1,864.5     2,023.2.

We’re still building out the workforce as the project grows, but ultimately over half of the engineers and installers will be local labor.”. Kansas City knows a thing or two about large-scale building projects. In the late ’90s, Sprint began construction on its 200-acre corporate campus in Overland Park, Kan., a suburb of Kansas City. The latest project to hit the city, Google Fiber , an ultra high-speed Internet access experiment that broke ground earlier this year , will connect Kansas Citians to an insanely fast network. This is a big project. Sign up for The Weekly SmartVan.

Preliminary notice statutes across the United States are written similar to California’s statute, which requires all parties who did not contract with the property owner to deliver a preliminary notice within 20 days from first furnishing materials or labor to the project. In these circumstances they wonder if they can send the preliminary notice at the time of contracting, or if they must wait until they begin furnishing materials or labor and then try to fit it within a small 20 day window. See original article at California Preliminary Notice Can Never Be Sent Too Early.

Regardless of where you’re furnishing labor or materials, all projects require the following: A. It is required, after all, a certain period of time from the FIRST FURNISHING of materials or labor by the contractor or supplier. See original article at Mechanics Lien Deadline Chart for All 50 States. Such a chart would be insanely useful to folks in the construction industry who just want the Readers Digest version of the lien laws. I love this chart. Download The Chart Now: Mechanics Lien Deadline Chart. The states without this deadline type are just left in Gray.

Everyone furnishing materials or labor to a state project is entitled to a copy of the payment bond, and this post explains why and how to get it. See original article at Roundup of State Bond Claim Series Blog Posts. This February, we focused a lot of attention on state bond claims, authoring a series of blog posts that discussed state bond claim issues that ranged from basic to technical. Through the years of consulting with companies about lien rights, I’ve learned that a lot of folks are confused about bond claims. How Lien and Bond Claims Against State Projects Work.

Savings on labor can easily outweigh a few hundred dollars in equipment payments. You can see an example of a system using your field labor ratio on YouTube, here:  [link]. Many of us have witnessed a shift recently in customer and commercial spending.  Customers were more price-sensitive, got more quotes, shaved their budgets, delayed their projects and pitted more contractors against each other when quoting their projects. Get The Right Equipment For the Job. Despite the stereotype that landscape contractors are ‘equipment junkies’, I’ve met far too many that are under-equipped. 

Short Answer:  Performance bonds are issued to the benefit of the owner and guarantee the prime contractor will finish performance of the contract, and payment bonds are issued to the benefit of subs and suppliers, guaranteeing they will be paid for materials and labor they furnish. This is because anyone who furnishes materials or labor to a bonded construction project may file a claim against the payment bond. In the event someone furnishes materials or labor to a bonded project and are unpaid, that someone can make a claim for payment against the payment bond.

To file a Stop Notice on a California state project, a subcontractor or supplier must have delivered the required 20-day Preliminary Notice within 20 days of first furnishing labor or materials to the project. See original article at A Guide To California Payment Bond Claims and Stop Notices The Construction Lien Blog welcomes Seth Smiley , who contributes this guest post about payment bond claims in Louisiana. Seth is a partner at Wolfe Law Group , and a contributor to that firm’s Construction Law Monitor blog. Seth is a licensed attorney in Louisiana and California.

Wisconsin mechanics liens are due within 6 months from last furnishing labor or materials to a project, which is more than twice as long as the Virginia period. See original article at Is Virginia Poised To Change Its Mechanics Lien Law For The Worse? UPDATE: Christopher Hill informed me this morning that the bill has now been tabled until the next session, and therefore, is dead for now. Chris had testified before the legislature this morning regarding the bill. While the bill is tabled for not, it’s still worth anaylzing as it may creep back into discussions in the next session.

The document that is required under 18.27.114 was made into a standard form by the Department of Labor & Industries.  The short of it is that (a) you are likely to lose your lien rights against the property and (b) you are subject to fine and citation by Labor & Industries. Labor & Industries, 152 Wn. Save some legal fees and protect your lien rights. few weeks back, I started the “Save A Legal Fee” column, replacing the not-so-popular “Solicitation of the Month” column. What is it? So please use it! Who needs to use it?

if the performance of labor or furnishing of materials is expressly authorized by the association, the labor or materials shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a claim of privilege against each condominium parcel in the condominium. See original article at Issues When Liening Condominiums in Louisiana. Projects involving condominiums, and securing your lien rights against them, always raise unique questions: Can lien be filed against the common elements? 1122 et seq.), 4801 et seq.).

Essentially, the Little Miller Act allows a subcontractor or material supplier the right to collect under the bond if it has not been paid within 90 days of the date that the last material or labor was provided to a project. Once the subcontractor or material man shows that the labor or material was in fact provided, the claim is collectible absent some proof by the bonding company or contractor that it has some sort of payment defense (setoff, delay, etc.). See original article at A Guide To Virginia Payment Bond Claims Thanks to guest blogger Christoper G. Christopher G.

receive a few calls or emails  a week from laborers looking to recover their wages. It’s a very sad story most of the time; almost always a contractor tried to improperly “contract” with a laborer to avoid paying payroll taxes and then refused to pay timely. Laborers working without a construction registration are probably employees, and have a richer claim with regard to compensation. Benefits Claims:  Some laborers might be due specific benefits (time off, holidays, etc.) Where is my money! Pursuing a wage claim on your own is a good first step.

If you’re furnishing materials or labor to a federal construction project, the rules to make a bond claim are the same state-to-state. See original article at Are Bond Claim Regulations The Same In Every State? If you’re a reader of this blog, you can probably guess the answer to this question. If there is a single theme in the mechanics lien and bond claim world, it’s that there are so few rules that carry over and apply in every state. The same is true for state bond claim requirements. The confusion stems from the US Miller Act, which does apply nationwide.

This preliminary notice would be due within 20 days of first furnishing labor and/or materials to the project. The construction industry is riddled with payment delays and complexities that leave laborers, materialmen and others without payment. See original article at Are Changes Coming to Pennsylvania’s Mechanic Lien Laws? Last summer, I posted here about a bill pending in the Pennsylvania legislature that would change that state’s mechanic lien laws. That bill – House Bill 1602 – is still pending in that state, and heating up. Follow HB 1602 Online.

A few months ago in Atlanta I ran into Tom Vilsack, our Secretary of Agriculture. Tom told me about a governor he knows who was unable to move forward on the construction of a new power plant. The reason, I thought, was fascinating: it wasn’t a lack of funds or a lack of support, it was a lack of qualified welders. Dirty Jobs Host Mike Rowe When Discovery Channel’s Dirty Jobs creator and host Mike Rowe addressed the US Senate Committee on Commerce, Science and Transportation last year, he painted a bleak picture of the current trades situation in this. Welding News & Noteworthy

If you’re unpaid for labor or materials furnished to a state or federal construction project, you’re entitled to file a claim against the payment bond.  Each state has slightly different procedures for requesting a copy of payment bonds, but in general, a formal written request is required from the party who is providing labor and/or materials to the applicable project.  See original article at Good Practice: Get A Copy Of The Payment Bond On State Projects When working on a state (or federal) construction project, the payment bond is key. Her Do #1: Read the Bond. 

See original article at What If State Law Conflicts With Provisions Of The Construction Bond? We frequently discuss bond claims on this blog, as this is the mechanics lien remedy available to contractors and suppliers on state and federal projects. When working on a project owned by or controlled by the government, those unpaid for services rendered are able to file a claim against a payment bond, as opposed to liening the property itself. In the past, I’ve always focused on the laws governing these payment bond claims, as the federal government and each state government have such laws.

Regardless of where you are it’s always the same: 90 days from last furnishing labor and materials to the project. Some states follow the Miller Act and require state payment bond claims to be filed within a certain number of days from last furnishing labor and/or materials (usually 90). While there are theorical arguments favorable to the structure, it just doesn’t work on a practical level because so many laborers, subcontractors and suppliers never know when the project is actually completed.  When that day is. Let me explain. Request The Project Schedule.

This rule was recently amended to provide lien claimants greater priority, as it previously gave priority only to claimants from the time they first furnished materials or labor. See original article at Lien Claimants Get A Victory in Utah In Mechanics Lien Priority Case In mid-2011, the Utah Court of Appeals decided a case affecting a mechanic lien’s priority over mortgages and construction loans in Olsen v. Chase ( PDF Full Text ). The case has important implications to mechanic lien claimants in that state, and questions the effectiveness of lien subordination agreements. Chase.

Welcome to the Collaborative Revolution! The Humpty Dumpty analogy aplies equally to information generally. Too often project failure strolls hand-in-hand with the failure to communicate. Effective integrated teams share information in collaborative and cooperative environment. Integrated teams openly and honestly communicate pursuant to legal instruments that support, enable and reward desired behaiviors and discourage detrimental behaviors. Behaviors that increases the efficiency with which team delivers planning, design and construction services should be encouraged. James L. Salmon, Esq.

And as anyone who acts as a subcontractor or supplier in California knows, California preliminary notices require you describe the labor or materials being furnished and the estimated cost of said materials and labor. If a notice contains a general description required by subdivision (a) or (b) of the materials, services, labor, or equipment furnished to the date of notice, it is not defective because, after that date, the person giving notice furnishes materials, services, labor, or equipment not within the scope of this general description.

surety bond acts like an insurance policy, insuring to the state that all suppliers, laborers and subcontractors will be paid on the project.  See original article at What Is A Payment Bond? good place to start with these basic questions is with a basic definition, and I’ve found a good one on Wikipedia : A payment bond is a surety bond posted by a contractor to guaranty that his subcontractors and material suppliers on the project will be paid. Payment Bonds on State, County or Federal Projects. On federal projects, the threshold is $30k. Payment Bonds on Private Projects.

surety bond acts like an insurance policy, insuring to the state that all suppliers, laborers and subcontractors will be paid on the project.  A good place to start with these basic questions is with a basic definition, and I’ve found a good one on Wikipedia : A payment bond is a surety bond posted by a contractor to guaranty that his subcontractors and material suppliers on the project will be paid. Payment Bonds on State, County or Federal Projects. Every state requires payment bonds be placed for construction projects that meet a certain value (usually $25k-50k).

After you’ve furnished your labor or materials, if you remain unpaid it may be time to lodge your bond claim. See original article at How Lien and Bond Claims Against State Projects Work If you’re unpaid on a private (commercial, industrial, residential) construction project, you have the right to file a mechanics lien against the property itself to collect the debt. When working on property owned by the state, this exact remedy isn’t available, mostly because the state government isn’t going to allow anyone to foreclose on its land. have unfortunate news to you.  Just ask ).

After you’ve furnished your labor or materials, if you remain unpaid it may be time to lodge your bond claim. If you’re unpaid on a private (commercial, industrial, residential) construction project, you have the right to file a mechanics lien against the property itself to collect the debt. When working on property owned by the state, this exact remedy isn’t available, mostly because the state government isn’t going to allow anyone to foreclose on its land. The Bond Claim Remedy on State and County Projects. So, if you can’t file a mechanic’s lien, what can you file?

The Washington Department of Labor & Industries has made it easy for any consumer, contractor or supplier to determine whether a bond has an active claim. Use L&I's website to get info on your contractor's bond. frequently am contacted by potential clients – and existing clients – to perform simple legal tasks. While I say “legal tasks” perhaps I really mean tasks that may potentially require legal investigation if you don’t know how to get the information yourself. Today’s Lesson: Contractor Bonds.

Chaired by Vice President Joe Biden, the “Middle Class Task Force” was launched in January 2009 and includes the secretaries of labor, health and human services, education and commerce. I have been asking those of late who are you when it comes to defining yourself with regards to class? Are you poor, middle or rich? find the answers as complex as they come from varying sources either or both psychological and economical. With the recent campaign cycle in full swing there has been an immense focus on the middle class and the rich - the "1%" over that of the poor. But definitions vary.

The distance from the original funding source is directly proportional to the risk of not getting paid for materials, labor, equipment or services.  Here is a top 10 list of reasons that constructions sucks.  The reasons that are listed are items that if you are aware of them during the construction process, construction will suck less. Guest Blogger – Todd Weidemann. Contractual relationships in construction are unique under law. Different delivery methods drive different motives and can lead to differing outcomes. Communication channels are a challenge. Todd W.

If you have not been paid for labor, services or materials furnished on a construction project in Florida, you may be able to collect the money you are owed by filing a mechanic’s lien (also referred to as a construction lien). The services, materials or labor you furnish to a construction project must qualify for protection under Florida’s lien laws. d) A laborer. Those who did not contract with the property owner must deliver a “Notice to Owner” within 45 days of first furnishing labor or materials to the project.  The term “Lienor” is defined by F.S.

If you have not been paid for labor, services or materials furnished on a construction project in Florida, you may be able to collect the money you are owed by filing a mechanic’s lien (also referred to as a construction lien). The services, materials or labor you furnish to a construction project must qualify for protection under Florida’s lien laws. d) A laborer. Those who did not contract with the property owner must deliver a “Notice to Owner” within 45 days of first furnishing labor or materials to the project.  The term “Lienor” is defined by F.S.

Because of that, many subcontractors find that after managing the bidding process, negotiating alternative bids, locking down labor and materials, and other painful steps, you develop a “just get it signed” mentality. Read and revise that contract before getting started. Subcontractors: Do you really read your contracts? Its ok, if you say no. Probably 50% (or more) of the contracts that I review after a dispute arises were never negotiated by the subcontractor. Heck, on most occasions, the subcontractor never read past their name on the front page.

If you have not been paid for labor, services or materials furnished on a construction project in Washington, you may be able to collect the money you are owed by filing a mechanic’s lien (also referred to as a claim of lien). The services, materials or labor you furnish to a construction project must qualify for protection under Washington’s lien laws. Liens are authorized by RCW 60.04.021 for any person furnishing labor, professional services, materials, or equipment for the improvement of real property.  Step 1: Determine If You Are Qualified To File A Mechanic’s Lien.

They saved on direct labor cost for each hour and gained in overall productivity.  Construction architect bidders Competitive bidding practices Don Short engineer ENR labor costs low bidder mentor Owner plans project specifications specs Tempest CompanyPerhaps the title on this one should be the Competitive Advantage Everyone Needs. In the previous blogs on this subject the responders mentioned innovation and better ideas by the contractors.  If they have one, keeping it secret was one option.  Productivity gains and losses are where they make or lose money.

2) Laborers or employees of the owner, for the price of work performed at the site of the immovable. But, what about laborers, contractors and subcontractors?  Okay, this is a fun post. Zlien operates out of New Orleans, LA, and so we’re all very excited about the Mardi Gras season. While Mardi Gras officially started on Kings Day (January 6th – Yes, we had our kings cake), the real active part of Mardi Gras is just now apporaching, with some of the first parade dates nearing. Mardi Gras stands are simply temporary structures where people can stand or sit to watch parades.

For some reason, some managers believe that always telling the craft labor the project is losing money is a good way to increase the productivity but I don’t see the logic behind this strategy.  Construction client construction industry construction manager contractor craft labor Owner project management Remodel Tempest CompanyI believe being honest to the workers in the field is the one and only way to go. . Lying does nothing but demoralizes the employees and will not encourage them to increase their productivity. 

In California, the lien claimant has the burden of establishing the validity of the lien, including that the labor, materials or services were actually used in construction. Yesterday I published an article title “ How Material Suppliers Prove Its Materials Were Incorporated Into the Property When Filing A Mechanics Lien.”  ”  Those lawyers out there, and especially construction lawyers, probably immediately know the answer here, and that’s the presumption created by most state laws.  I’m aware of at least one exception to the presumption rule. 

When materials or labor results in an incorporated improvement to the property, there are usually lien rights.  While mechanic lien laws are different from state-to-state, one constant among the laws is that a mechanic lien right only arises if your materials are incorporated into the property being liened. I’ve talked about this in the past in some Scenario posts.  Some of these posts address whether cleaning services, landscaping services, furniture installers, etc. have any mechanic lien rights.  When there isn’t any incorporation, there aren’t any lien rights.

Construction estimating software helps contractors measure plans, calculate material and labor costs, and produce detailed, professional proposals. For this mid-week Guest Post Friday post, we welcome Houston Neal.  Houston is the Director of Marketing at Software Advice, a website that presents reviews and comparisons of construction software. Houston joined the company in 2007, just shortly after it was started. He spends most of his day getting the word out about Software Advice’s resources. He enjoys researching and reporting trends in software and technology. license.

In review of the total package it became apparent what they really wanted was a “job shop” or temporary labor agency, not a consulting company to provide professional estimating services. Have you ever noticed that some companies seem to make it impossible to sign a contract? This happens a lot in construction.  Whether it is a standard form contract, modified standard or completely customized set of contract documents, some terms can make it not worthwhile to pursue. It recently happened to us. major firm needed estimating services.  So far this is a doable deal.

8), Florida Statutes, requires that an improvement, in order to support a mechanic’s lien, must result in a permanent benefit to the land or other real property…Although planting for landscaping purposes may be considered a permanent improvement, maintenance landscaping services do not bestow a permanent benefit upon the land, and do not entitle the laborer to a mechanic’s lien. I’m frequently approached by landscaping companies to advise them on the extent of their mechanics lien rights. These companies usually have a mix of business. The case is Legault v.

Regardless of where you are furnishing labor or materials, the act of filing a mechanics lien is more than just shooting off a lien affidavit after you’re already owed money. all have mechanics lien statutes, providing to contractors, subcontractors, suppliers and professionals the right to file a lien against the property where materials and/or labor are furnished. Preserving your mechanic lien rights requires compliance with certain notice prerequisites that apply when starting to furnish labor and/or materials. Preserve. Every state and the territories (and Canada!)

While this is usually easy to figure out, the easiest thing to do here is look at your customer and ask whether that customer is performing any labor.  If your client isn’t performing or coordinating any labor at the job site, then you’re client is likely a supplier. In the mechanics lien law world, there are very few rules that are consistent state-to-state. That a material supplier to another material supplier is without mechanic lien rights, however, is an exception. Nearly every state prohibits suppliers to suppliers from filing a mechanics lien.