Construction Lien Law Traps and Tricks (Part 4 of 4)

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

#Business #MBA #Podcasting Education #alex@barthet.com #Construction Contracts

32:17

Jay is more than just the host of All About Change podcast. He is a lawyer and international activist, who has focused his life’s work on seeking social justice by advocating for the rights of people with disabilities worldwide. On the special episode of All About Change, Mijon Zulu, the managing producer of the "All About Change" podcast, is taking over hosting duties to interview Jay Ruderman about his new book, his activist journey, and why activism is even more important today. Episode Chapters (0:00) intro (02:38) How does one choose a cause to go after? (03:33) Jay’s path to activism (07:50) Practical steps a new activist can take (09:24) Confrontation vs trolling (17:36) Learning from activists operating in different sectors (19:20) Resilience in activism (22:24) Reflections on Find Your Fight and goodbye For video episodes, watch on www.youtube.com/@therudermanfamilyfoundation Stay in touch: X: @JayRuderman | @RudermanFdn LinkedIn: Jay Ruderman | Ruderman Family Foundation Instagram: All About Change Podcast | Ruderman Family Foundation To learn more about the podcast, visit https://allaboutchangepodcast.com/ Looking for more insights into the world of activism? Be sure to check out Jay’s brand new book, Find Your Fight , in which Jay teaches the next generation of activists and advocates how to step up and bring about lasting change. You can find Find Your Fight wherever you buy your books, and you can learn more about it at www.jayruderman.com .…

год назад 23:25

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Florida’s Construction Lien Law is filled traps for the unwary and tricks for the cunning. In this episode, we will explain where and when the traps could be sprung as well as when and how to use the tricks. We will explore things such as Notice of Contest of Liens, 20 Day Summons to Show …

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The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

Construction Lien Law Traps and Tricks (Part 4 of 4)

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

27 subscribers

published год назад

MP3•Главная эпизода

+ Read More

300 эпизодов

#Business #MBA #Podcasting Education #alex@barthet.com #Construction Contracts

Semua episod

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

1
Nonpayment Notices & Transfer Bonds 6:41

20 дней назад6:41

6:41

Navigating the complexities of Florida’s lien laws has never been more crucial, especially with the 2023 updates coming into play. In our latest episode of The Lien Zone Podcast, we delve deep into the nuances of Private Project Notices of Nonpayment (713.23) , emphasizing the importance of serving the Notice of Nonpayment to both the contractor and the surety. But that’s not all. We also shine a light on the pivotal changes around Lien Transfer Bonds (713.24) . With a significant rise in the bond value calculations and new obligations for the clerk’s office, understanding these shifts is essential for anyone in the construction sector. About Alex Barthet Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com . He can be reached at 305-347-5295 or alex@barthet.com .…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

1
Chapter 558 & Construction Defect Masterclass (Part 3 of 3) 20:09

26 дней назад20:09

20:09

In the final episode of this three-part series, board-certified construction attorney Alex Barthet walks through the step-by-step process of handling a construction defect claim once it arrives. From initial notification to final resolution, he explains how to respond effectively, involve the right parties, and protect yourself from further liability. Alex also covers key legal defenses, including non-material code violations and failure-to-maintain arguments, and highlights the importance of securing a proper release to avoid getting pulled back into disputes after settlement. Highlights in this episode: Step-by-Step Claim Response: A detailed breakdown of the process, from notifying legal and insurance carriers to compiling records, conducting inspections, and drafting a response. Forwarding Liability: How to properly notify subcontractors and suppliers within statutory deadlines to shift responsibility when necessary. Inspection & Documentation Strategies: Best practices for coordinating inspections, taking photos, and using evidence to dispute claims. Legal Defenses Against Claims: How to argue non-material code violations, failure-to-maintain issues, and other defenses to reduce liability. Securing a Scope Release: Why getting a full release—including for other parties—is crucial to prevent future litigation over the same defect claim.…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

1
Chapter 558 & Construction Defect Masterclass (Part 2 of 3) 20:40

5 weeks назад20:40

20:40

In the second installment of this three-part series, board-certified construction attorney Alex Barthet dives deeper into contract pitfalls, risk management, and legal strategies to protect yourself from excessive liability. From indemnity clauses to insurance misconceptions, he explains how to structure contracts and document your work to avoid getting stuck with unexpected claims and costs. Highlights in this episode: Contract Risk & Indemnity Clauses: Why most contracts unfairly shift liability onto contractors and how to ensure responsibility is based on actual fault. Insurance vs. Bonds: Understanding why general liability insurance won’t cover defective work and how performance bonds offer real protection. Documentation for Protection: The critical role of daily reports, photos, and meeting minutes in defending against defect claims and proving compliance. Passing Liability Downstream: How well-structured purchase orders and subcontractor agreements can shield you from unnecessary risks. Code Compliance & Change Orders: Why verbal change orders can lead to legal trouble and how to properly document deviations to avoid future liability.…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

1
Chapter 558 & Construction Defect Masterclass (Part 1 of 3) 20:21

6 weeks назад20:21

20:21

In this 3 part series, board-certified construction attorney Alex Barthet explains the in’s and out’s of Florida’s Chapter 558, construction defects, and warranty claims and how to deal with them. Highlights in this episode: Construction Defects & Chapter 558: Why Chapter 558 is a notice-and-opportunity-to-inspect process, not a claim, and how it helps resolve defect disputes before litigation. Code Violations & Liability Risks: Understanding the shift from minor infractions to “material violations” under Florida law and how contractors can be held liable without a direct contract. Warranties & Extended Liability: A breakdown of statutory and contractual warranties, including the new one-year homebuilder warranty (effective 2025) and extended warranty requirements for condominiums. Contract Strategies: How marking up contracts, adding exclusions, and clearly defining job assumptions can help limit risk and avoid unexpected liabilities.…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

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The AIA A312 Bond Form Sucks and Here’s Why 7:54

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7:54

Overview: In this episode, board-certified construction attorney Alex Barthet dives into the details of payment and performance bonds such as the AIA A312 (2010) bond form, and why it’s often preferred by those providing the bond. He also contrasts it with “manuscript” or custom bond forms that enable faster resolutions and broader definitions of default. Whether you’re an owner, general contractor, or subcontractor, understanding these differences helps you navigate and negotiate bonding terms to protect your interests on every project. Highlights: A312 2010 Advantages & Drawbacks : Why this standard bond form benefits the bond provider by creating a slower claim process and potentially delaying a project’s progress when default occurs. Manuscript Bonds for Faster Action : How custom bond forms can allow the claimant to trigger default and remedy issues without having to fully terminate a subcontractor first. Negotiation is Key : Tips on pushing back against unfavorable bond forms and the importance of defining “default” broadly (or narrowly) depending on your role in the project.…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

1
Mastering Lien Laws: Essential Tools and Strategies to Protect Your Construction Payments 4:42

9 weeks назад4:42

4:42

Overview: In this episode, board-certified construction attorney Alex Barthet breaks down the essential deadlines and requirements under Florida’s lien and bond laws. From the nuances between private and public projects to the benefits of tools like the Lien-O-Matic and the Calc-U-Lien , Alex shares practical tips and cautionary tales to help contractors, subcontractors, and suppliers protect their payment rights. Highlights: Private vs. Public Projects: Learn the crucial differences in deadlines and notice requirements between Chapter 713 (private) and Chapter 255 (public) projects, and why mixing them up can cost you. Deadlines & Common Mistakes: Discover the most common errors contractors make—like failing to send the notice of nonpayment on time—and how to avoid losing your lien or bond rights. Practical Tools & Tips: Explore helpful resources like the Lien-O-Matic for quick reference and hear advice on why taking action early before key employees leave or records get lost is essential.…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

1
Mastering Credit & Collections: Best Practices for Construction Professionals 26:33

11 weeks назад26:33

26:33

In this insightful episode of TheLienZone podcast, Alex Barthet, a board-certified construction attorney, dives into the essential strategies for extending credit and optimizing collections in the construction industry. As the new yar unfolds, understanding these principles are vital for maintaining cash flow, minimizing risk, and fostering strong business relationships. Highlights Include: Exploring the advantages of extending credit to customers, from loyalty to competitive edge. Best practices for verifying creditworthiness, including both paid and free tools. Securing debts with personal guarantees, joint check agreements, and lien or bond rights. Pro tips to prevent credit issues, maintain solid records, and manage collections effectively. Actionable advice for protecting your rights with conditional releases and a prompt legal follow-up. Equip yourself with the tools and techniques to handle credit and collections confidently in 2025.…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

1
Decoding ‘Pay-When-Paid’: Navigating Contractual Pitfalls in Construction 9:30

12 weeks назад9:30

9:30

In this episode of TheLienZone Podcast, Alex Barthet navigates the intricate maze of “Pay-When-Paid” clauses found in construction contracts. Uncover the ripple effects these stipulations can create, often resulting in prolonged payment timelines, economic pressures on subcontractors and suppliers, and the potential escalation to legal battles. Highlights include: Demystifying the nuances of “Pay-When-Paid” clauses and their repercussions on payment schedules. Unraveling the cascading consequences of these clauses, leading to financial tensions and project setbacks. Strategies and insights to safeguard your interests amidst these contractual conditions. Equip yourself with the knowledge to circumvent pitfalls linked to these pivotal contract elements. About Alex Barthet Alexander Barthet is a board-certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten-lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com . He can be reached at 305-347-5295 or alex@barthet.com .…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

1
Protect Your Profits: Essential Tips for Crafting Enforceable Payment Plans 14:17

23 weeks назад14:17

14:17

Payment plans can be a valuable tool for resolving outstanding debts and avoiding litigation. However, it’s crucial to approach them strategically to ensure they are legally sound and protect your interests. In this guide, we’ll explore four key tips for crafting effective payment plans: getting it in writing and signed by the right person, including essential terms in the agreement, offering credits strategically, and preserving your lien or bond rights. By following these guidelines, you can increase the likelihood of timely payments and minimize potential risks. Make sure to follow us on YouTube and social media, including Instagram , LinkedIn, and Twitter, to get a jump on your competition. About Alex Barthet Alexander Barthet is a board-certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten-lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com . He can be reached at 305-347-5295 or alex@barthet.com .…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

1
Unraveling Lien Rights in Florida: A Guide for Tenant Build-Out Projects 14:59

24 weeks назад14:59

14:59

Understanding lien rights, especially when dealing with tenant build-out work, is crucial. In this episode, we’ll delve into the intricacies of lien laws and how they can impact your bottom line. We’ll explore the challenges associated with tenant build-out projects, such as lease restrictions and the potential for limited lien rights. By understanding these complexities, you can take proactive steps to protect your interests and ensure timely payment for your work. Make sure to follow us on YouTube and social media, including Instagram , LinkedIn, and Twitter, to get a jump on your competition. About Alex Barthet Alexander Barthet is a board-certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten-lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com . He can be reached at 305-347-5295 or alex@barthet.com .…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

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Don’t Get Burned: Avoiding Common Subcontractor Payment Pitfalls 12:44

25 weeks назад12:44

12:44

Subcontractors often face challenges getting paid on time. This episode of the podcast will explain the steps subcontractors can take to get paid faster. We will explore the significance of well-drafted contracts, emphasizing the importance of avoiding problematic pay-when-paid clauses and incorporating stop-work provisions. Additionally, we will discuss the vital role of lien rights in … + Read More…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

1
Florida Construction Lien Law Traps: A Comprehensive Guide 26:04

26 weeks назад26:04

26:04

Understanding the intricacies of lien laws and avoiding common pitfalls is crucial for anyone involved in the construction industry. Today, we’ll navigate the complexities of lien law traps, shedding light on potential missteps that can jeopardize your financial interests. By delving into the fundamental rules, timing requirements, and critical considerations, we’ll equip you with the … + Read More…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

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Chargebacks and Bad Checks: How to Deal with Them 20:20

27 weeks назад20:20

20:20

Dealing with bad checks and credit card chargebacks is an unfortunate reality in business today. These financial setbacks can impact a company’s bottom line. To mitigate these risks and ensure timely payments, it’s essential to understand the legal implications and effective strategies for handling such situations. We’ll delve into the civil and criminal penalties associated … + Read More…

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

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Construction Lien Law Traps and Tricks (Part 4 of 4) 23:25

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The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

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Construction Lien Waivers and Releases Basics (Part 3 of 4) 26:43

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