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Who should attend Getting Paid For Your Work: Construction Liens And Bonds In Hawaii
This 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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This 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 to provide all of those who work in the field of construction with the law, forms, techniques, and strategies in properly creating and preserving your mechanic's lien rights. (see full course description)

 
 
 

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Training Course Syllabus:


For anyone involved in the construction industry, the ultimate goal upon completion of providing services or the completion of providing necessary building supplies is to be paid. To assure that you are properly paid, the necessary construction liens or mechanic's liens must be recorded.

It is the goal of this seminar to provide all of those who work in the field of construction with the law, forms, techniques, and strategies in properly creating and preserving your mechanic's lien rights.

This course will cover:

  • The Basic Mechanics Of Mechanic's Liens
  • Perfecting A Mechanic's Lien
  • Mediation, Arbitration And Mechanic's Liens
  • Other Payment Mechanisms
  • Pitfalls And Errors

8:30 a.m. - 10:30 a.m.

I. Overview

A. Welcome

B. What Is A Mechanic's Lien?

II. The Basic Mechanics Of Mechanic's Liens

A. Persons Entitled To A Lien

B. What Property Is Subject To A Lien?

1. Liens Against Leasehold Property – Reaching The Fee

2. Liens Against Condominium Property

3. Short-Term Commercial Lease May Not Be Lienable

C. Types Of Labor, Materials, And Services That Are Lienable

D. The Allowable Amount Of The Lien

E. Lien Priorities

1. Visible Commencement

2. Lien Claimants vs. Lien Claimants

3. Lien Claimants vs. Lenders

F. Waivers And Releases Of Liens

G. Bonding Off A Lien

10:30 a.m. - 10:40 a.m.

Break

10:40 a.m. - 12:00 p.m.

III. Perfecting A Mechanic's Lien

A. The Required Elements Of A Lien Claim

B. Notice Of Claim

1. Information Required

2. Property Description

C. Procedure On A Mechanic's Lien

1. Service Requirements And Return Date

2. Discovery In Mechanic's Lien

3. Probable Cause Hearing

D. Filing Requirements

E. Foreclosure Of Mechanic's Lien

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 2:30 p.m.

IV. Mediation, Arbitration And Mechanic's Liens

A. Stipulating To Probable Cause And Arbitrating Amount

B. Mediation Of Lien Claim

1. Advantages And Disadvantages

2. Preparation For Effective Mediation

C. Arbitration Of Lien Claim

1. Advantages And Disadvantages

2. Preparation For Effective Arbitration

D. Avoiding Problems With 'Standard Clauses'

1. AIA Form

2. Savings And Loan League Form

V. Other Payment Mechanisms

A. Private Performance And Payment Bonds – Owner/Builder Bonds

B. Federal Projects – The 'Miller Act'

1. Who Is Protected?

2. Notice Requirements

3. Deadlines

C. State Projects – The 'Little Miller Act'

1. Who Is Protected?

2. Notice Requirements

3. Deadlines

D. Insolvency Issues

E. Interest And Attorney's Fees

2:30 p.m. - 2:40 a.m.

Break

2:40 p.m. - 4:30 p.m.

VI. Pitfalls And Errors

A. Deadlines For Preserving Lien Rights

B. Defense To Lien: Improper Advancement

C. Defense To Lien: Lack Of License

D. Due And Owing: Pay When Paid Clauses?

E. Disclosure To Owners Under Homeowner Contracts

F. The Importance Of A Title Search

G. Premature Filing Of Notice Of Lien

H. Front End Alignment Of Parties And Sureties For Mediation, Arbitration Or Litigation

I. Change Orders – Failure To Notify Surety

J. Change Order – Forgotten Favors

VII. Questions And Answers

Seminar Summary:

This seminar to provide all of those who work in the field of construction with the law, forms, techniques, and strategies in properly creating and preserving your mechanic's lien rights. (see full course description)

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