Course Description
Program Description
From Contract and Payment Negotiations to Preservation, Perfection and Enforcement
Mechanics' liens are powerful payment remedies, but strict deadlines and statutory requirements also make them challenging to manage. In this step-by-step legal program, you will learn how contractors and subcontractors can fully utilize mechanics' lien rights - and discover how owners can protect themselves from lien claims and foreclosure. From construction contract negotiation and payment considerations to lien drafting, perfection, priority and enforcement strategies, our esteemed faculty will provide all the tools and tactics you need to confidently handle mechanics' liens. Register today!
Know your rights to a mechanic's lien - whether you're a contractor, subcontractor or other professional.
Review useful construction contract negotiation strategies that can be used to preserve or restrict mechanic's lien rights.
Examine the risks and opportunities of the payment process - and explore the practicality of alternative payment remedies.
Learn how to draft and record notices and claims while avoiding critical errors that invalidate liens.
Recognize when to walk away from the lien claim and foreclosure by examining lien priority and other considerations.
Discover how to effectively enforce the mechanic's lien - and learn proven litigation and settlement techniques from both ends.
Agenda
Agenda / Content Covered
Lien Entitlement: Activities, Materials and Properties Lienable
9:00 - 9:50, Paul J. Carroll
Mechanics' Liens Defined: Function, Statutory Structure, Law Update
Scope of Activities and Materials Lienable
Who is Entitled to What? Claimant Classifications and Rights
General Contractors, Subcontractors, Sub-Subcontractors
Material Suppliers, Equipment Lessors
Construction Managers, Supervisors and Laborers
Developers, Design-Builders, Engineers, Surveyors, Architects
Other Persons Entitled to the Lien
To What Property Does the Lien Extend?
Interests Subject to Attachment Under the Mechanic's Lien
Construction Contract Negotiation Strategies for Protecting or Limiting Lien Rights
9:50 - 10:40, Paul J. Carroll
Negotiating Contractual Indemnity Agreements
What "No Lien" Provisions Mean to a Contract
Are "Pay-When-Paid" and "Pay-If-Paid" Clauses Reliable?
How Arbitration Clauses Can Make a Mess of Lien Actions
Additional Techniques Owners Can Use to Avoid or Limit Liens
The Payment Process and Alternative Remedies
10:55 - 11:45, David L. Simmons
Payment Applications and Sworn Statements
Limitations on Partial & Final Lien Waivers
Payment Remedies on Private and Public Projects
The Personal Liability Remedy
Bond Claims on Private Projects
Joint Payee Agreements
Trust Fund Liability and Criminal Statues
Payment Remedies on Public-Private Partnership Projects
Notice, Perfection and Time Requirements
11:45 - 12:35, David L. Simmons
Overview of Mechanics' Lien Remedy
Requirements of the Mechanics' Lien Notice
Perfection and Mailing Requirements
Amounts Recoverable Under the Mechanics' Lien Remedy
Time Limits for Recording the Mechanics' Lien Notice
Time Limit for Enforcing Mechanics' Liens
Procedure for Accelerating for Foreclosure
Special Rules for Residential Projects
Owner's and General Contractor's Obligations, Rights and Remedies
1:35 - 2:25, Patrick A. Drewry
Duties of the Owner/Contractor Upon Receipt of Notice
Preliminary Objections to the Mechanic's Lien Claim
Discharge/Transfer of the Lien - "Bonding Off" and More
Additional Remedies and Rights of Owner Prior to Lien Enforcement
Enforcement: Deadlines, Lien Priorities, Procedures and Litigation Strategies
2:40 - 3:30, Patrick A. Drewry
Time Limitations and Lien Extensions
Vesting and Priorities Among Competing Liens/Other Property Interests
Know When to Walk Away from a Mechanic's Lien Claim and Foreclosure
Who are the Necessary Parties?
Walkthrough of the Lien Enforcement Procedures
What Happens if the Owner Files for Bankruptcy?
Plaintiff and Defense: Key Litigation and Settlement Techniques
Ethical Issues Relating to Mechanics' Liens and Enforcement Actions
3:30 - 4:30, Written by Paul J. Carroll. Presented by William "Jay" J. Hancock.
Guard Against Hidden Conflicts of Interest
Representations Regarding Statutory Deadlines
The Danger Inherent When an Attorney Signs a Lien Notice or a Lien Claim
Rules of Professional Conduct to Which You Must Adhere