Course Description
Exercise your lien rights and be prepared for any legal battles on the horizon. Don't be caught off guard.
Handling construction payment disputes in Ohio can be successful when armed with the necessary legal and practical knowledge. Find out how to efficiently collect payment for your work or supplies. Successfully manage even the most complex and costly situations.
Join our panel of experienced local professionals, as they guide you through the strategies for tackling lien and bond issues in any project. Understand the complex law governing the priority of liens and payments, and protect your bottom-line with enforcement and collection strategies. Don't wait - register today.
Who should attend?
This seminar is designed for attorneys, presidents, vice
presidents, owners, accountants, credit managers, lenders, controllers,
construction managers, project managers, office managers, engineers,
architects, contractors and subcontractors.
Benefits for You
- Correctly identify what property is subject to a lien and who is entitled to recover payment
- Understand the complex law governing priority of mechanics liens on property
- File, perfect and preserve both liens and bond claims in public and private works
- Properly fulfill requirements for releasing and discharging a lien
Learning Objectives
- You will be able to discuss pre-lien requirements and considerations.
- You will be able to describe claims arising on public projects.
- You will be able to recognize litigation and enforcement of mechanics lien claims.
- You will be able to review preserving and presenting claims under payment and performance bonds.
Agenda
8:00 AM - 8:30 AM |
Registration |
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8:30 AM - 10:00 AM |
Pre-Lien Requirements and Considerations on Private Projects (Residential and Commercial) |
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— David L. Lackey |
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- Notice System - What Must Be Served and Why
- Project Owners - Methods to Protect Against Hidden Liens
- Contractors - Protecting Owners, Subcontractors and Material Suppliers
- Subcontractors and Material Suppliers - Ways to Get Paid
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Preparing, Serving and Filing Liens on Private Projects (Residential and Commercial) |
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- What Can Be Liened?
- Contents of Mechanics Lien
- Notice, Service and Filing
- Applicable Time Periods and Deadlines
- Satisfaction, Release and Discharge of Liens
- Considerations and Differences on Residential Projects
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10:00 AM - 10:10 AM |
Break |
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10:10 AM - 12:00 PM |
Claims Arising on Public Projects |
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— Stanley J. Dobrowski |
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- General Considerations for Preserving and Filing Liens on Public Projects
- Public Authority Response to Liens
- Contractor Concerns for Filing Liens
- Subcontractor and Supplier Concerns
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Bidding on Public Projects |
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- Bid Requirements
- Common Bid Disputes
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12:00 PM - 1:00 PM |
Lunch (On Your Own) |
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1:00 PM - 3:05 PM |
Bonding off Liens |
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— Brian L. Buzby |
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- Statutory Provisions
- Pleadings and Procedures
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Notice to Commence Suit on Liens |
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- Statutory Provisions
- Procedures
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Litigation and Enforcement of Mechanics Lien Claims |
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- Commencement of Action
- Where Action Should Be Filed
- Contents of Complaint
- Identifying and Joining Other Parties
- Obtaining Title Policy Review and Commitment
- Joining Other Claims – Alternative and Underlying Claims
- The Judgment
- Collection and Enforcement
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3:05 PM - 3:15 PM |
Break |
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3:15 PM - 4:30 PM |
Surety Bonds in Construction |
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— Bryan L. Jeffries |
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- Types of Bonds That Contractors May Be Required to Furnish
- Bid Bonds
- Payment Bonds
- Performance Bonds
- Construction Bonds in General
- Making a Claim on a Bond Required in Public Works Contracts
- FederallyOwned Construction Projects The Miller Act
- Public Construction Projects Under Ohio Law
- Defenses of the Surety
- The Interplay Between Bond and Lien Claims on a Public Works Project
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