Construction Law

  • Contractual Construction Disputes
  • Breach of Contract

We at Schmidt and Wenzel, P.C. say to contractors, sub contractors and material suppliers, and even General Contractors, "Lien on Me". There is an important component of construction law which involves the payment which flows from the owner of a project, to the General Contractor, and from the General to the Sub Contractors, and from the Sub Contractor to his laborers and suppliers.

Where government owned jobs are being constructed or added to, the General Contractor must produce a bond for the benefit of the derivative claimants that do work for the General and the General contractor's sub contractors. Where the land being improved is privately owned, the Private Owner is required to retain money from the General Contractor during the job, sot that unpaid sub contractors and suppliers who are not paid by the party who orders the labor or materials, can be notified by the claimant, allowing the claimant to have an interest in the retainage fund.

If you are the General contractor or a sub contractor or supplier who supplies labor or materials for improvement of the owner's land, the 15th day of each month brings about a deadline for action you must take to "perfect" or document your lien claim to the owner and the General Contractor. If you are working on a public works job, you also face a deadline on the 15th of each month. The deadlines vary, based on what role you play in making the improvements. If you are not paid your billing within thirty days of the date you submit your bill, time begins to run against you, and you must take action or find an adviser who can advise you to take action to protect your right to receive payment from either the owner of privately owned property, or from the bonding company of public works jobs.

Lawyers at Schmidt and Wenzel, P.C. have seen this process from the perspective of the General Contractor, the sub contractors or suppliers, and from the view point of the owners. The rules are precise and unforgiving. If you have an interest from any of the perspectives noted (Owner, General Contractor, Sub Contractor, Supplier, laborer) contact the lawyers of Schmidt & Wenzel, P.C., and do so promptly after your bill remains unpaid by the end of the month which follows a month when you supplied labor or materials. For example, if you did work in June, but are not paid by the end of July, time to take action is running against you.

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