Construction Expo Presentation

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Slide Show of my presentation relating to mechanic's liens, construction contract pitfalls, miller act bonds and other issues pertinent to construction professionals in Virginia.

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Contractual Pitfalls -How to Avoid Them : 

Contractual Pitfalls -How to Avoid Them Presented by: Christopher G. Hill DurretteBradshaw PLC chill@durrettebradshaw.com durrettebradshaw.com Constructionlawva.com

Deal Breakers : 

©2009, Christopher G. Hill, All rights reserved Deal Breakers Pay when Paid One Way Fees Indemnity for Whole Project No Damages for Delay No Payment for Stored Materials Artificial Claim Limits

Pay When Paid : 

©2009, Christopher G. Hill, All rights reserved Pay When Paid Two Types of Pay when Paid: Enforceable: “Pay IF Paid” Payment by Owner/GC a prerequisite Example: Sub is paid only if GC is paid. Unenforceable: “Pay WHEN Paid” Time Frame for payment after GC is paid Example: Sub paid 15 days after GC paid

Negotiable Items : 

©2009, Christopher G. Hill, All rights reserved Negotiable Items Mandatory Arbitration “Satisfaction” Location, Location, Location Payment = Waiver Shorter SOL than Statutes

Slide 5: 

©2009, Christopher G. Hill, All rights reserved Get Paid

Bonds, Payment Bonds : 

©2009, Christopher G. Hill, All rights reserved Bonds, Payment Bonds Government versus Private Miller v. “Little Miller” Timing Claims

Slide 7: 

©2009, Christopher G. Hill, All rights reserved MECHANIC'S LIENS

Requirements : 

©2009, Christopher G. Hill, All rights reserved Requirements 90 Day Rule 150 Day “Look back” 6 Month SOL Notice on Residential Projects

Keep Your Rights Alive : 

©2009, Christopher G. Hill, All rights reserved Keep Your Rights Alive 30, 60 and 90 MLA Notices Clear Old Invoices First

Dispute Resolution : 

©2009, Christopher G. Hill, All rights reserved Dispute Resolution Arbitration v. Mediation Courts Claims, Change Orders, and Delay

Slide 11: 

©2009, Christopher G. Hill, All rights reserved Check Reasonableness Good For Owners and GC’s Check Circumstances are Reasonable LIquidated Damages

Slide 12: 

©2009, Christopher G. Hill, All rights reserved Statute of Limitations

Green is Good : 

©2009, Christopher G. Hill, All rights reserved Green is Good USGBC/LEED Green Globes Government Mandates and Incentives

Why Else? : 

©2009, Christopher G. Hill, All rights reserved Why Else? Owner’s want it, easier to sell Growth Potential

What This Means for You : 

©2009, Christopher G. Hill, All rights reserved What This Means for You Strike While Iron is Hot Catch Up on Green Building Get Out There!

Contractual Pitfalls -How to Avoid Them : 

Contractual Pitfalls -How to Avoid Them Presented by: Christopher G. Hill DurretteBradshaw PLC chill@durrettebradshaw.com durrettebradshaw.com