Legal Briefs

11Jul
2018

Securing Payment for Your Work and the Priority When Equitable Subrogation Applies

by Karen A. Palecek and James J. Palecek, Palecek & Palecek, PLLC Download a PDF Version of the Article How do you secure payment for the work you do on a construction project? Most states have mechanic’s lien laws ...

11May
2018

‘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

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 ...

28Nov
2014

Construction Issues In Dispute Resolution Procedures and Practice

In the presentation below you will find great information on “Construciton Issues In Dispute Resolution Procedures and Practice”. Issues In Dispute Resolution Procedures and Practice from PalecekLaw

28Nov
2014

How To Protect Your Construction Business and Legal Interests

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

25Jun
2014

Killer Contract Clauses: Red Flag Clauses in Construction Contracts

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 ...

20Jun
2014

Prompt Payment or Stop Work

There are several “prompt payment” statutes in Arizona, the most recent of which sets forth law as to timely payment on private projects. On behalf of their clients, Palecek & Palecek will help ensure that a ...

10Jun
2014

Bid Terms and Conditions

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 ...

05Jun
2014

When and how to make a Bond Claim

“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 ...

26May
2014

Stop Notices – Stopping the flow of construction funds

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 ...

05May
2014

Conditional / Unconditional Waivers / Progress Payment Waivers / Final Waivers

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 ...