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‘Pay-If-Paid’ Clauses— The Freedom to Contract vs. the Subcontractor’s Statutory Rights to Enforce Payment by Mechanic’s Liens or by Payment Bond

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Click Here to Download PDF Version of Article It has been noted that a majority of states in America allow a general contractor and a subcontractor to enter into a construction contract which “shifts the risk” of ...

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How To Protect Your Construction Business and Legal Interests

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In the presentation below you will find great information on how to protect your construction business and legal interests. How To Protect Your Construction Business and Legal Interests from Palecek & Palecek, PLLC

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Killer Contract Clauses: Red Flag Clauses in Construction Contracts

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In both GC and Subcontractor contracts, there are various terms that really need to be reviewed by counsel to determine your rights.  Below, Palecek & Palecek, PLLC present some of those terms taken from actual contracts ...

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Bid Terms and Conditions

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Bid terms and conditions are a set of terms being “offered” by an entity to another entity, and they can serve to protect the Contractor / Subcontractor in the event of default by the Owner / General Contractor (or other ...

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When and how to make a Bond Claim

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“Bond claims” are a mechanism for a contractor to secure payment on both public and some private jobs. The terms of the bond, itself, are very important to read carefully (and early) to ensure that you are timely and ...

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Stop Notices – Stopping the flow of construction funds

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In Arizona, if a progress payment to a Subcontractor is past due, the Subcontractor has the right to stop the flow of construction funds from the Owner or Construction Lender to the General Contractor by use of the ...

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Conditional / Unconditional Waivers / Progress Payment Waivers / Final Waivers

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The most critical issue surrounding “progress payment waivers” is the date through which the Contractor / Subcontractor is being asked to release rights. Locate these Forms in the Palecek & Palecek Legal Resources ...

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How to prepare a lien and when to record

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A Contractor must record a lien within specific time-frames set forth in A.R.S. Section 33-993. Please see applicable law. One must sue upon a lien (“foreclose”) within 6 months of recording. Please contact Palecek & ...

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