How to Make a Claim on a Payment Bond
Timothy J.W. Muller February 23, 2024One of the many challenges that arise throughout the course of a construction project is the issue of payment to subcontractors and suppliers. While your contract may designate that you will be paid for the work you do or the supplies you furnish upon completion or delivery, the contractor in charge of the project may …
Preservation of Lien Rights
Timothy J.W. Muller February 3, 2021Distilled down to its absolute essentials, a mechanic’s lien is a way for tradespeople to make sure they get paid for their work. As straightforward as this seems, the purpose and operation of mechanic’s liens (also known as a construction lien, a materialman’s lien, a supplier’s lien, or a laborer’s lien) is often confusing to …
The Defense of Time Limitations in Construction Defect Cases
Elizabeth F. Nicholson January 20, 2021Potential liability of contractors for construction defects does not end upon the completion of a project. A contractor’s risk of liability for construction defects is determined by two types of defenses with different time limitations: statutes of limitations and a statute of repose. Statutes of limitations set the time limit for when a party has …
How to Preserve and Enforce a Mechanic’s Lien in SC
Elizabeth F. Nicholson November 19, 2019A mechanic’s lien is a construction lien created by statute to protect contractors, subcontractors, suppliers, and laborers “to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate or the boring and equipping of …
Key Components of a Good Subcontract
James Atkinson "Chip" Bruorton, IV February 5, 2019Rosen Hagood partner, Chip Bruorton, recently had his article, “Key Components of a Good Subcontract” published in Catalyst Surety Partners’ 2018 Construction Journal. In the article, Chip discusses the importance of having carefully drafted construction subcontracts, including provisions governing payment, indemnification, delay claims, and alternative dispute resolution. Chip is a battle-tested construction lawyer, with extensive …