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Construction
Law-
Getting
Paid without resorting to mechanics' liens
While mechanics' lien rights are Constitutional, they
don't have to be the only way to get paid for your work
if there are problems. The best way is to craft a contract
or only agree to contracts that have a compensation
clause that requires pay in a timely manner and a clearly
understood procedure for pay applications for work and
extras. Look out for ambiguous or oppressive terms that
could delay your pay. Also be sure to have a clause
that gives you the power to stop work if you are not
getting paid, or at least guarantees that you will be
paid for all work that isn't in dispute. If you have
enough contract terms in your favor, you should be getting
paid as you complete your work. With a construction
attorney negotiating your terms and conditions, you
can have clauses that provide for a fair and timely
method of compensation with a minimum of risk if the
owner or general starts to run out of money. There is
no reason to have to wait until the end of the project
to get compensated for work done early on.
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