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Who should attend Construction Lien Law And Surety Bonds In New York
This one-day seminar is designed for attorneys, presidents, vice presidents, accountants, controllers, construction and project managers, business owners and managers, credit managers, lenders, architects, engineers, principals, contractors, subcontractors and developers.
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Construction Lien Law And Surety Bonds In New York  

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This one-day seminar is designed for attorneys, presidents, vice presidents, accountants, controllers, construction and project managers, business owners and managers, credit managers, lenders, architects, engineers, principals, contractors, subcontractors and developers.

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Seminar Summary:

This seminar will provide all those who work in the construction field in New York with the law, techniques and strategies to properly create and preserve lien rights. (see full course description)

 
 

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Training Course Syllabus:


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 in New York with the law, techniques and strategies to properly create and preserve lien rights.

Seminar highlights:

  • Private liens
  • Public improvement liens
  • Identification and proper protection of claims
  • Surety bonds
  • Other considerations

Learning objectives:

  • The attendee will be able to discuss mechanic's liens.
  • The attendee will be able to identify lien law discovery devices.
  • The attendee will be able to review surety bonds.

8:30 a.m. - 9:50 a.m.

I. Private Improvement Mechanic's Lien

A. New York State Lien Law

B. The Nature Of Mechanic's Liens

C. Private Improvement Mechanic's Liens

1. Purposes Of The Private Improvement Lien

2. Interests To Which The Lien May Attach

3. Consent

4. Who May Lien – Private Improvement

5. IDA Projects

D. Federal Projects

E. Projects On Native American Lands

F. Aspects Common To All Mechanic's Liens

1. ERISA Preemption – Union Trust Funds

2. The Amount Of The Lien

3. What Is An Improvement?

4. The Lien Fund

G. The Notice Of Private Improvement Lien

H. Filing The Notice Of Private Improvement Mechanic's Lien

I. The Time Within Which To File A Private Improvement Lien

J. Service Of The Notice Of Lien

1. Private Improvement Mechanic's Lien Service

a. Methods Of Service

b. Additional Requirements

K. Filing Proof Of Service

L. Duration And Extension

M. Discharge Of The Lien

N. Amendment Of The Notice Of Lien

O. Priority Of Liens

P. Waiver Of Lien Right

Q. Assignment Of Liens

R. Willful Exaggeration

S. Relationship Of The Lien Law And Arbitration

9:50 a.m. - 10:00 a.m.

Break

10:00 a.m. - 11:15 a.m.

II. Public Improvement Mechanic's Liens

A. New York State Lien Law

1. The Nature Of Mechanic's Liens

2. Public Improvement Mechanic's Liens

a. Purposes Of The Public Improvement Lien

b. Who May Lien – Public Improvement

3. Federal Projects

4. Projects On Native American Lands

5. Aspects Common To All Mechanic's Liens

a. Erisa Preemption – Union Trust Funds

b. The Amount Of The Lien

c. What Is An Improvement?

d. The Lien Fund

6. The Notice of Public Improvement Lien

7. Filing the Public Improvement Mechanic's Lien

8. The Time Within Which To File A Public Improvement Lien

9. Service Of The Notice Of Lien

a. Public Improvement Mechanic's Lien Service

B. Duration and Extension Of The Public Improvement Mechanic's Lien

C. Discharge Of The Lien

1. By Filing A Discharge

2. By Lapse

3. For Failure To Foreclose – By Order

4. By Bond

5. Effect Of Discharge By Bond Or Deposit

6. By Judgment

7. For Facial Defects

8. By Deposit – By Order

9. By Withholding – By Order

10. By Withholding Without Order

D. Amendment Of The Notice Of Lien

E. Priorities

1. Among Lienors

2. Between Lienor And Trust Fund Beneficiary

3. Between Lienor And the Public Owner By Offset

4. Between Lienor And Assignee (And Between Assignees)

5. Between Lienor And Federal Tax Liens

6. Between Lienor And Trustee In Bankruptcy

F. Special Priority Problems

G. Waiver Of Lien Right

H. Assignment Of Liens

I. Willful Exaggeration

J. Relationship Of The Lien Law And Arbitration

11:15 a.m. - 11:45 a.m.

III. Lien Law Discovery Devices In New York

A. Lien Law §8 Demand

B. Lien Law §11-a Demand

C. Lien Law §38 Demand

D. Lien Law §76 Demand

11:45 a.m. - 12:30 p.m.

IV. Enforcement Of Lien Rights

A. Enforcement Of Lien Law Rights

B. Repossession

C. Foreclosure Of Liens

1. Foreclosure Of The Lien Can Be Required

2. Demand To Foreclose Form

3. Foreclosure Of The Lien

a. Forum

b. Venue

c. Parties

d. Claims

e. Claims Of Co-Defendant Lienors

f. Procedure

g. Burden Of Proof – Lien Fund

h. Judgment

12:30 p.m. - 1:30 p.m.

Lunch (On Your Own)

1:30 p.m. - 2:15 p.m.

V. Identification And Proper Protection Of Claims

A. Purpose Of Seminar

B. Knowing The Client

C. Types Of Claims

D. Project Records

E. Calculating Damages

F. Contract Documents

G. Special Requirements On Public Works Projects

2:15 p.m. - 3:30 p.m. (Break 2:50 p.m. - 3:00 p.m.)

VI. Surety Bonds

A. Payment Bond

B. Performance Bond

C. Miller Act

D. 'Little Miller' Act

E. Claimant Status

F. Notice Requirements

G. Interest And Attorney's Fees

H. Practical Suggestions

3:30 p.m. - 4:30 p.m.

VII. Other Considerations

A. Preserving Contract Rights

B. Trust Fund Issues, Claims And Defenses

C. Insolvency Issues

D. Insurance

E. Recent Developments In The Law

Seminar Summary:

This seminar will provide all those who work in the construction field in New York with the law, techniques and strategies to properly create and preserve lien rights. (see full course description)

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