getting paid Archive

“Pay-if-Paid” No Defense to Miller Act Claim

“Pay-if-paid” clauses are finding their way into subcontracts with increasing frequency. These clauses tie the subcontractor’s right to payment to the contractor’s receipt of payment from the owner. Federal projects require the contractor to post a “Miller Act” payment bond guaranteeing timely payment to subcontractors and suppliers. A recent case out of Virginia has answered […]

Debunking the Top Ten Payment Myths

Payment is the lifeblood of any contractor, subcontractor or supplier. Yet many myths adversely affect your ability to timely secure payment. Here is my personal top ten. 1. “Don’t worry about it, we can always lien.” While lien rights are important, they are not a substitute for good credit practices. Lien rights only attach to any […]

Preemptive Actions for Construction Collections

In a quick-paced world, getting paid promptly is key to many construction businesses. In order to do so, preemptive actions on the front end of your relationships with contractors and general managers is best. Here are a few quick tips to help you get out in front of the curve towards successful collections. 1. Initially, get as […]

Ohio Mechanic’s Lien Claimants Can Recover Legal Fees

Those perfecting mechanic’s liens on Ohio construction projects are often frustrated by the costs of doing so. Many do not appreciate that Ohio has a statute – R.C. 1311.16 – that provides in relevant part: When judgment is rendered…the court may allow reasonable attorney’s fees to be paid out of the fund realized for lien […]

Top Ten Payment Myths

Many in the construction industry fall prey to these payment myths – and encounter collection problems as a result. 1. “Don’t worry about it, we can always lien.” Just filing a lien does not convert an unpaid receivable into cash. There must be equity in a property to collect. 2. “We don’t care about anyone […]