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When you have a property dispute, what do you do? Do you take it to court? Or to a mediated resolution? And if you’ve got a small claims civil suit on your hands, what do you do? On this week’s podcast, join our host, Alex Barthet, and guest Marleen Masi, to learn more about the small claims process. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Take Them to Court Yourself – A Small Claims Court Primer appeared first on TheLienZone Podcast.

Pay-When-Paid provisions are a big problem for all subcontractors and suppliers – those pay-when-paid provisions stating that payment won’t be due until and unless it is first paid by the owner. This shifting of the risk of non-payment from a general contractor to its subs and material suppliers has found its way into most every construction contract you see today. Can you do anything to overcome these clauses? Listen to this episode to find out. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com The post How to Make Pay-When-Paid NOT SUCK! appeared first on TheLienZone Podcast.

Liens are valuable tools that are actually triggered by the type of work done  not the language in any agreement. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com The post Can I still lien a property without a signed contract? appeared first on TheLienZone Podcast.

Imagine you are a contractor. You are working on a home for a client. You are working hard to finish the job on time. Your client is happy with the work that you have done. However, as you start to clean up your workspace you find a note saying the client wants you to pay for the carpet cleaning before you leave. This is a perfect example of a situation where there is a misunderstanding between the client and the contractor. Do you know if your insurance has you covered if you get sued? Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Understanding Your Insurance Coverage appeared first on TheLienZone Podcast.

Hey everybody! Today we are going to discuss the fact that you can make changes to your contract. You know that old saying that you get what you pay for? Well that might be true in some cases but in others, you can get more than you bargained for. I’m talking about the fine details of course. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Did you know you can make changes in your contract? appeared first on TheLienZone Podcast.

Hey everybody! On today’s podcast we want to talk about a problem that plagues a lot of contractors and subcontractors. I’m talking about waiting too long to get paid getting paid for a job.  Make sure to listen closely as we break down the basic rules of lien rights… Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or The post Don’t wait too long to get paid appeared first on TheLienZone Podcast.

Hey Everybody! Today we are going to talk about the Notice to Cure, and how to take control of the work schedule, using your construction contract. These are all very important topics that you need to have a basic understanding of for your next project. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Notice to Cure, Control of the Work Schedule and Your Contract appeared first on TheLienZone Podcast.

Does your construction contract protect you from price escalations? During these uncertain times, having an escalation clause in your construction contract is more critical than ever. Listen to this episode to learn what an escalation clause is and how it can protect you on your next job. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Do you have an escalation clause construction contract? appeared first on TheLienZone Podcast.

Navigating the nuances of “pay when paid” clauses is a confusing and complex process. But, do you have the right to stop working if you are not getting paid? Listen to this week’s episode to find out. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.   The post Can you stop working if you’re not getting paid? appeared first on TheLienZone Podcast.

If you’ve ever worked on a project where you didn’t get everything in writing, you know what a pain it can be. Construction projects are expensive, and they often involve multiple parties. When things go wrong, it can be difficult to figure out who’s responsible. That’s why it’s important to get all agreements in writing. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Get all agreements in writing! appeared first on TheLienZone Podcast.

The short answer is, Yes! Always read your contract, and negotiate terms you think are not in your favor. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Do I need to read the entire contract? Can I make changes? appeared first on TheLienZone Podcast.

They are a big problem for all subcontractors and suppliers – those pay-when-paid provisions stating that payment won’t be due until and unless it is first paid by the owner. This shifting of the risk of non-payment from a general contractor to its subs and material suppliers has found its way into most every construction contract you see today.  Can you do anything to overcome these clauses? Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Do This To Get Paid When Facing a Pay-When-Paid Issue appeared first on TheLienZone Podcast.

Is your lien worthless? Can you lien a leased property? There’s a popular misconception that doing work on a leased property for a tenant means you can’t protect yourself when it comes to getting paid. Not true! But doing work for a tenant does mean you need to take specific steps to have rights and recourse. Listen to this episode to get the answer. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Your Lien is Worthless appeared first on TheLienZone Podcast.

The lien is a powerful tool at your disposal to increase your ability to get paid. As an encumbrance, or a hold on real property, it creates a cloud over the legal title preventing the sale or refinance of the property. When you place a lien on a piece of property that you have improved through your work, ownership can’t generally be transferred while you are owed payment. A lien usually constitutes a technical default on a mortgage, and that gets the attention of the mortgage company. A lien may also be considered a default on a prime construction contract. Now that we know what a lien is and how they work, board certified construction lawyer Alex Barthet will explain how to use a lien to get paid. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post What Happens After I Record My Lien? How Do I Get Paid? appeared first on TheLienZone Podcast.

Over the years we’ve covered just about every term that you should include in your construction contracts. This time, we are doing things differently by explaining 3 contract terms that should NOT be agreed to when taking on a project. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post 3 Terms That Should NOT be in Your Next Contract! appeared first on TheLienZone Podcast.

They are a big problem for all subcontractors and suppliers – those pay-when-paid provisions stating that payment won’t be due until and unless it is first paid by the owner. This shifting of the risk of non-payment from a general contractor to its subs and material suppliers has found its way into most every construction contract you see today.  Can you do anything to overcome these clauses?   Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Pay-When-Paid Sucks! appeared first on TheLienZone Podcast.

One of the many reasons parties hesitate to file a court action to recover money owed is the cost of litigation and the length of time it takes to obtain a judgment. The Florida Legislature recognized this problem and set out a workable solution providing for swift payment. There is a little-known provision within Florida’s Construction Lien Law, which allows any person who provided labor, services or furnished materials constituting a permanent improvement to real property, on a private project, to get paid the undisputed amount owed on an expedited basis. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.   The post How do I get Paid Faster? appeared first on TheLienZone Podcast.

Partial & final waivers, properly crafted, can be your friend. They can bring a level of certainty to an often uncertain business. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post What Form of Partial & Final Waiver Should I Use? appeared first on TheLienZone Podcast.

Exchanging a release for a check – or a check for a release – should be done with careful attention to the wording and meaning behind the document. Whether you are a general contractor or a subcontractor, what you want to give in a release, and what you want to receive, depends on your position. Generally, when someone is giving you a check, you want to provide as narrow a release as possible, maintaining the ability to come back later to charge for unexecuted change orders or delays. When you’re the one giving the check, obtain as broad a release for as many rights as possible so what you may not have thought of doesn’t come back to bite you. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post How Can I Make My Release Conditioned Upon Getting Paid? appeared first on TheLienZone Podcast.

Yes. Understanding how you benefit from having a lien to begin with – even better. A lien secures your right to be paid for any improvement you have made to real property or materials you have furnished for that purpose. The lien places a hold, called an encumbrance, on that property (or in some cases on a lease on the property) in an amount equal to the value of the improvements you provided. When you have a lien, the legal process allows you to foreclose, which means to file a legal action to take the property or a share of its value for nonpayment.  The court will determine whose position is correct in the case, and, if you are in the right, how much your lien is worth. If the court rules in your favor as the lienor, the property would be auctioned in a foreclosure sale. People would show up to bid on the property. And at that sale, you would be able to use credit in the amount of your lien toward buying the property yourself. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media including Instagram, LinkedIn and Twitter. Get a jump on your competition. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Is having your lien “bonded off” a good thing? appeared first on TheLienZone Podcast.