Info & Training
Sheats and Bailey has created and published a handbook titled “Getting Paid: Commercial Construction Law in the United States”. The three hundred (300) page handbook is a fifty state compendium of the many laws that relate to the construction industry. The handbook outlines the laws associated with liens, payment bonds and contractor licensing, to name a few, it was designed and written so contractors, subcontractors and suppliers can read it and easily digest what their rights and responsibilities are in each state. This handbook will discuss the practical economic risks involved in commercial construction. We have tailored the discussion to construction, construction management and construction legal issues throughout the United States.
The entire handbook is not published here. Instead you can see an excerpt from the table of contents and certain portions of the book. Each excerpt will briefly discuss the topic and then provide an example of how the handbook outlines the topic for each state.
This website may include sample portions of state law sections from the handbook. These are included to demonstrate the content of the handbook. These sections may not be current and should not be relied upon for information or advice.
TABLE OF CONTENTS
“BUMPIER ROAD TO FINISH LINE” (ENR, MAY 14, 2001) | 1 |
INTRODUCTION | 9 |
COMMERCIAL CONSTRUCTION AND ECONOMIC RISK | 10 |
MECHANIC’S LIENS | 13 |
Time of Filing a Mechanic’s Lien | 14 |
Lien Fund | 15 |
Content of a Mechanic’s Lien | 17 |
Proper Place to File Mechanic’s Lien (Private) | 19 |
Proper Place to File Mechanic’s Lien (Public) | 21 |
Verification of a Mechanic’s Lien | 23 |
Willful Exaggeration | 25 |
Renewal of Mechanic’s Lien | 27 |
LIEN LAW TRUSTS | 29 |
The Purpose of a Trust | 29 |
Statutory Lien Law Trusts | 30 |
Trust Fund Accounting | 42 |
Lien Law – Fifty-State Analysis | 45 |
LABOR AND MATERIAL PAYMENT BONDS | 84 |
Notice | 85 |
Types of Miller Act Claims | 87 |
State Payment Bond Statutes- “Little Miller Acts” | 88 |
“Little Miller Acts” -Fifty-State Analysis | 98 |
BAD FAITH CLAIMS AGAINST SURETIES | 129 |
FREEDOM OF INFORMATION ACT | 134 |
CONTINGENT PAYMENT CLAUSES | 163 |
Pay When Paid – State by State | 166 |
FIFTY STATE PROMPT PAYMENT | 210 |
CONTRACTOR LICENSING | 219 |
STATE REGISTRATION REQUIREMENTS | 246 |
Fifty State Analysis | 248 |
THE WORLD OF SUPPLIERS IN BRIEF – THE UCC | 265 |
Battle of the Forms | 266 |
Statute of Limitations | 269 |
Warranties Imposed by Law | 269 |
Buyer’s Remedies Against the Seller | 273 |
Seller’s Remedies Against the Buyer | 275 |
Excuse by Failure of Presupposed Conditions | 278 |
Sample Terms and Conditions | 279 |
READING AND UNDERSTANTING THE CONTRACT AND SPECIFICATIONS |
289 |
Standard Forms | 289 |
The American Institute of Architects Documents | 291 |
Claims for Additional Costs | 292 |
Claims for Additional Time | 293 |
Resolution Procedures | 294 |
Mediation | 295 |
Arbitration | 295 |
Waiver of Change Order Requirements | 296 |
PARTING THOUGHTS | 301 |