An unpaid contractor’s best friend is often the mechanic’s lien statutes, which provide an avenue for the unpaid contractor to apply pressure to the owner or higher-tier contractor for payment. A mechanic’s lien will likely attract attention from the owner’s lenders and potentially motivate the owner to pay the contractor’s unpaid balance. Additionally, in Illinois
Considerations for retaining construction project records
How long should a party to a construction project retain its project documents after completion? The good news: not forever. The bad news: longer than expected.
After completion of a construction project, the likelihood of becoming a party to a lawsuit should lessen over time. Claims regarding such issues as non-payment, delay and scope of
The importance of clear contract terms
Many legal battles in the construction industry revolve around contract interpretation disputes. Care in contract drafting is a valuable way to avoid disputes.
A fundamental principle of contract interpretation is to ascertain and give effect to the parties’ objectively expressed intent. What a party was trying to say, without accurately expressing it, does not count.
Notice provisions of Missouri’s mechanic’s lien statutes
Missouri law (R.S.Mo. 429.005.1, et seq.) grants general contractors, subcontractors, suppliers, and laborers the ability to assert a mechanic’s lien for labor and materials provided to a property, provided the lien is properly filed within six months of the last date of work (excluding warranty and corrective work).
In addition to addressing
Leases, liens and the law: A complicated analysis
A claimant’s ability to file a mechanic’s lien against an owner’s interest in leased property is often a complicated analysis. Missouri law provides that “any person who shall do or perform any work or labor upon land … for any building, erection, or improvements upon land … upon or by virtue of any contract with
Construction ADR update: Key considerations in arbitrator selection
Arbitration continues to be the chosen dispute resolution process for many in the construction industry. Generally, arbitration is considered an efficient and cost-effective way to resolve most typical construction disputes.
Selecting arbitration as the dispute resolution process requires a written agreement. Most often, the arbitration agreement is included among many terms and conditions in the
A refresher on Missouri’s Public Prompt Payment Act
Missouri’s Public Prompt Payment Act was enacted in 1990, with its most recent modifications taking effect in 2014. The statute, R.S.Mo. § 34.057, has extensive requirements for owners, contractors, subcontractors and suppliers on public works projects in Missouri. For those in the construction industry, it is worth reviewing periodically to ensure that standard practices
Missouri adds design-build project delivery option for select public improvements
A statute went into effect Aug. 28, 2016, that adds Missouri to the list of states embracing design-build as an acceptable delivery method for public improvements.
Under the new statute, R.S. Mo. § 67.5060, design-build is an optional delivery method for:
- All civil works projects of any cost (such as roads, bridges, utilities and storm