Header

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