This seminar is designed for attorneys, presidents and vice presidents, accountants, controllers, construction and project managers, business owners and managers, credit managers, lenders, architects, engineers, principals, contractors, subcontractors and developers.
For any provider of construction services, the critical issue is how to get paid. For each owner, developer or lender, the same issue is paramount Ė because without a regular, orderly and proper payment system any construction project will suffer.
In this program, hear experienced construction attorneys discuss how to preserve and protect payment rights on a construction project Ė and hear them answer your practical questions regarding these issues. The topics to be discussed will include liens, bonds, contract clauses and recent legislation. Learn how and when to efficiently and economically use these tools to your advantage.
8:30 a.m. - 11:00 a.m. (Break 10:30 a.m. - 10:40 a.m.)
I. Mechanicís Liens
A. Background And Purpose
B. Who Is Entitled To A Mechanicís Lien?
3. Suppliers And Lower Tier Subcontractors
4. Design Professionals
C. What Property Is Subject To A Mechanicís Lien?
1. Real Estate And Improvements
2. Leasehold Interests
3. Related Improvements (Streets, Curbs, Sidewalks, Sewers, etc.)
D. What Work And Services Are Lienable?
1. Labor And Materials
3. Overhead And Profit
4. Drawings And Designs
5. Interest, Delay, Acceleration And Inefficiency Damages
7. Non-Lienable Items
E. Requirements For Filing A Mechanicís Lien
1. Necessary Information
2. Notice Requirements
3. Lien Statement (Just And True Account)
4. Property Description
5. Time Deadlines
11:00 a.m. - 2:00 p.m. (Lunch (On Your Own) 12:00 p.m. - 1:00 p.m.)
I. Mechanicís Liens (Continued)
F. Foreclosure Actions
4. Bankruptcy And Mechanicís Liens
5. Arbitration And Enforcement Of Mechanicís Liens
6. Recovery Of Costs, Interest, And Attorneyís Fees
7. Collection Efforts
G. Priority Of Liens
1. Among Other Mechanicís Liens
2. Against Mortgages And Deeds Of Trust
H. Lien Waivers And Releases
1. No Waiver Statutory Provisions
2. Partial And Final Lien Waivers
3. Releases Of Mechanicís Liens
2:00 p.m. - 4:30 p.m. (Break 3:00 p.m. - 3:10 p.m.)
II. Issues Affecting Payment
A. Prompt Pay Laws
B. Contract Clauses
1. Progress Payments
3. Contingent Payment Clauses
C. Performance And Payment Bonds
D. Recent Legislative Developments