Mechanic's Liens and Payment Bonds: Claims and Defenses - Session 9

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This is session 9 of 14 in the Advanced Webinar Series on Contruction Contracts, Claims and Risk Management.

On private construction projects mechanic’s liens and payment bond claims are an important remedy in the event the Owner or General Contractor fail to make payment when due. This webinar covers the practical aspects of mechanic’s lien and payment bond claims, notice requirements and removing liens with bonds or cash payments into court. The coverage includes the terms and coverage of lien and claim releases including partial, final, conditional and unconditional releases, as well as the impact of pending changes on the releases given during performance.

Learning Objectives: After completing this course, you will be able to:

Understand the rights granted the contractors, laborers and material providers by way of their right to have a mechanic’s lien.
Recognize how mechanic’s liens are perfected and enforced.
Recognize that state law governs the mechanics of perfecting and enforcing mechanic’s liens and how the law may vary from jurisdiction to jurisdiction.
Understand how liens are bonded-over or removed of record and what happens thereafter to the claimant’s right to recover and the Owner’s obligation to pay.
Identify and understand the basic types of periodic and final lien waivers and how they are used.
Identify potential language to amend and adjust the lien waiver forms according to your risk assessment.

About Our Experts

James Newland

Partner, Dentons US LLP

James Newland is a partner in Dentons US LLP, a licensed architect, and his law practice focuses on major construction and public works projects and includes a mix of non-contentious and contentious matters. He is ranked by Chambers USA which describes him as “very well versed in construction law and construction related issues.” He began practice in 1998.

In his practice, James drafts and negotiates construction contracts and procurement documents and helps clients resolve major complex claims involving construction and design issues on domestic and international projects. He represents national and international contractors and project owners in transactional work, mediation, arbitration and litigation. He has significant experience in vertical construction, power and heavy civil contracting and claims, as well as in design-build, P3, alliance contracting and traditional design-bid build delivery formats. Government construction contracting is a major focus of his work.

Prior to practicing law, James practiced architecture and worked as a project manager on development projects. Given this experience, James is frequently called upon to counsel clients on risk management and allocation, advising on troubled projects during the construction phase, project work-outs and project closeout strategies.

James received a Bachelor of Architecture degree from Virginia Polytechnic Institute and State University and earned his JD from the University of Pittsburgh School of Law.

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