This seminar is designed for all individuals involved in the field of construction, providing goods or services to construction projects. The ultimate goal of everyone involved in the construction industry is to be paid promptly for all work, services and materials provided on a project. Lien rights are one important means of obtaining this goal.
This seminar will provide all those who work in the construction field with the law, forms, techniques and strategies to properly create and preserve lien rights, as well as several other areas of law important to collections in the construction industry.
This course will cover:
- Design professional's liens vs. mechanics lien law remedies
- Limitations on design professional's liens
- Perfecting the lien
8:30 a.m. - 8:45 a.m.
I. Overview Of Design Professional Claims And Liens
A. Constitutional And Statutory Rights
B. Theory Of Unjust Enrichment
C. Two Separate Statutory Schemes
8:45 a.m. - 10:00 a.m.
II. Basic Mechanic's Lien Law Orientation
A. Public Works vs. Private Works: Multiple Remedies
B. Stop Notice Rights
C. Scope Of Mechanic's Lien Remedy
D. Who May Assert Mechanic's Lien?
E. What May Be Included In Lien Amount?
10:00 a.m. - 10:10 a.m.
10:10 a.m. - 11:15 a.m.
III. The Distinction Between Design Professional Liens And Mechanic's Lien Law Remedies
A. When The Owner Cancels The Project Before Construction Starts
B. Pre-Construction vs. Construction Phase Services
C. Automatic Expiration Of Design Professional Lien
D. Remedies Are Cumulative
E. A/E Fee Or Reasonable Value Of Services
11:15 a.m. - 12:00 p.m.
IV. Limitations On Design Professionals Liens
A. Who May Assert Design Professional Lien?
B. Written Contract Required
C. Owner Must Obtain Permit
D. For Services Before Construction Starts
E. May Contract Between Owner And A/E Waive Lien Rights?
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:15 p.m.
V. Perfecting Your Mechanic's Lien And Design Professional Lien Claims
A. Requirements For Design Professional Lien
B. Procedures For Claiming Mechanic's Lien Once Construction Starts
C. Preliminary 20-Day Notice Requirements
D. Compare Timing And Content Of Design Professional And Mechanic's Lien Claims
E. Same Enforcement Procedures – Lawsuit To Foreclose
F. Special Issue Of Separate Works Of Improvement
2:15 p.m. - 2:25 p.m.
2:25 p.m. - 3:30 p.m.
VI. Pragmatic Aspects Of Pursuing And Recovering On Mechanic's Liens And Design
Professional Lien Claim
A. Common Defenses
B. Liberal vs. Strict Judicial Construction Of Statutes
C. Problems Of Priorities Among Liens
D. Bonding The Lien Or Stop Notice
3:30 p.m. - 4:30 p.m.
VII. Panel Discussion Of Pragmatic Aspects Of Design Professionals' Collection Practices
Including Maximizing Lien Law Remedies
A. Stay Of Lien Foreclosure Action During Arbitration
B. Importance Of Contract Terms
C. Writs Of Attachment