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 Vermont can be successful when armed with the necessary legal and practical knowledge. Find out how to efficiently collect payment for your labor or materials. 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
- Learn how to quickly identify and resolve payment disputes
- Take advantage of useful remedies for collection of payment - such as the Prompt Payment Act
- File, perfect and preserve both liens and bond claims
Learning Objectives
- You will be able to describe Vermont Lien Law.
- You will be able to discuss performance and payment bonds.
- You will be able to explain the Vermont Payment Act.
- You will be able to review tools for early identification and resolution of payment disputes.
Agenda
8:00 AM - 8:30 AM |
Registration |
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8:30 AM - 9:00 AM |
Introduction and Overview of Contract Types |
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9:00 AM - 9:50 AM |
Tools for Early Identification and Resolution of Payment Disputes |
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- Tools to Identify and Limit Payment Disputes - The Application for
Payment, Lien Waivers and Affidavits of Payment to Suppliers and
Subcontractors - Requirements for Notices of Claims – Enforcement, Defenses and the Issue of Prejudice
- Grounds for Withholding Payment Under the Certification Process
- Releasing Withheld Payments
- The Designer as Initial Decision Maker (IDM)
- Senior Management Negotiation (Meet and Confer)
- Advanced Processes for Early Dispute Resolution – Partnering, Mediation, Independent IDM, Dispute Resolution Boards
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9:50 AM - 10:15 AM |
Vermont Lien Law |
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- Who Can File a Lien? What Services Are Lienable?
- Architects and Engineers
- Equipment Rental Companies
- Insurers for Contractors and Subcontractors
- Unions
- When Can a Lien Be Filed on a Public Project?
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10:15 AM - 10:25 AM |
Break |
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10:25 AM - 12:00 PM |
Vermont Lien Law |
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- What Lands Are Affected by a Lien? Subdivisions; Leasehold Improvements
- Liens by Persons Contracting With the Owner
- Effective Date and Amount of Lien
- Liens by Subcontractors and Suppliers
- Effective Date, Limits on Amount of Lien and PreLien Notice
- Perfecting a Lien
- Notice of Lien
- Filing Suit and Obtaining an Attachment
- Removing Liens by Posting Security Defending Against Liens by Owner's Contractor
- Defenses Against Liens by Subcontractors and Suppliers
- Roles of Owner and Owner's Contractor
- Risk of Double Payment by Contractor If Subcontractor Does Not Pay Its Bills
- Joint Check Agreements
- Foreclosure of Liens
- Effect of Bankruptcy of Owner or Owner's Contractor
- Contract Clauses Affecting Lien Rights, Processes and Defenses
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12:00 PM - 1:00 PM |
Lunch (On Your Own) |
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1:00 PM - 2:30 PM |
Performance and Payment Bonds |
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- Requirements on Public Projects for Federal Government, Vermont Dept. of Buildings and Agency of Transportation
- Common Forms of Bonds
- The Relationship of the Contractor and the Surety (Bonding Company)
- The Rights of an Owner Under a Performance Bond
- The Rights of a Subcontractor or Supplier Under a Payment Bond
- Timing and Mechanism for Making Claims
- Compelling Payment Under a Payment Bond; Surety's Defenses
- Effect of Bankruptcy
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2:30 PM - 2:40 PM |
Break |
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2:40 PM - 4:30 PM |
Vermont Prompt Payment Act |
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- Who and What Services Are Covered by the Act?
- Rights and Duties of Owners, Contractors, Subcontractors and Suppliers
- Mandatory Payment Terms
- Interest for Late Payment
- Penalties for Wrongful Withholding of Payment
- Recovery of Attorney's Fees
- Mandatory Imposition of Trust on Funds Received for Lower Tier Subs (New Law)
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