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 Florida 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
- Get a blueprint of procedures related to lien enforcement and foreclosure
- Grasp the key essentials of perfecting and preserving lien rights
- Understand the complex law governing priority of mechanics liens on property
Learning Objectives
- You will be able to review construction liens.
- You will be able to discuss preserving and perfecting lien rights.
- You will be able to describe payment bonds.
- You will be able to explain enforcement and foreclosure of construction liens.
Agenda
8:00 AM - 8:30 AM |
Registration |
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8:30 AM - 9:20 AM |
Overview of Construction Liens |
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— H. Wesley Reeder and Charles P. Young |
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Property Interest Subject to Construction Liens |
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- Privately Owned Property
- Leased Property
- Property Under Contract for Sale
- Public Property
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9:20 AM - 10:10 AM |
Who Can Claim Liens? |
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— John B. Trawick |
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- What Are Lienable Services
- What Are Lienable Materials?
- People Entitled to Construction Liens
- Lienable Services and Materials
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10:10 AM - 10:20 AM |
Break |
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10:20 AM - 11:10 AM |
Preserving and Perfecting Lien Rights |
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— H. Wesley Reeder and Charles P. Young |
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- Notices to Owner
- Time for Service of Notice
- Performance Necessary for Lien
- Form of Claim of Lien
- Contractor's Affidavits and Requirements
- Lien Waivers and Releases
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11:10 AM - 12:00 PM |
Owners' Obligations and Defenses |
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— John B. Trawick |
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- Making Proper Payments
- Direct Payments and Joint Check
- Progress Payments
- Retainage
- Requests for Statement of Account
- Notice of Contest of Lien
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12:00 PM - 1:00 PM |
Lunch (On Your Own) |
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1:00 PM - 1:50 PM |
Priorities Among Competing Claims |
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— H. Wesley Reeder and Charles P. Young |
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- Notice of Commencement
- Relation Back
- Liens Attaching From Recording
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1:50 PM - 2:40 PM |
Payment Bonds |
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— John B. Trawick |
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- Statutory Payment Bonds
- Conditional Payment Bonds
- Public Payment Bonds
- Transfer of Claims of Lien to Bonds
- Perfecting Claims Against Payment Bonds
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2:40 PM - 2:50 PM |
Break |
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2:50 PM - 3:40 PM |
Equitable Liens and Construction Lender Responsibilities |
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— H. Wesley Reeder and Charles P. Young |
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- Unjust Enrichment Claims
- Estoppel Claims
- Undisbursed Loan Proceeds
- Florida Statutory Provisions
- Construction Trusts
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3:40 PM - 4:30 PM |
Enforcement and Foreclosure of Construction Liens |
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— John B. Trawick |
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- Time Limitations
- Effect of Notice of Contest of Lien
- Lis Pendens
- Foreclosure
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