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Alexander E. Barthet is Board Certified in Construction Law by the Florida Bar and holds an AV Preeminent rating from Martindale Hubbell, the legal profession's most recognized directory, and has repeatedly been selected by his peers for inclusion in The Best Lawyers in America within the specialty of construction law. He publishes regularly to his blog, TheLienZone.com and his articles have appeared in the Construction Lawyer, American Bar Association Journal of the Forum on the Construction Industry; Building Florida; Southeast Construction; Construction Executive; and Florida Home Builder.
Once you determine that your contract has a pay-when-paid provision, the next question is, what do you do about it?
If you employ these 10 debt collecting strategies, you’ll likely see your cash flow increase and your frustration level decrease.
There are four very specific disclosures that may be required by the law to be in your construction contract.
On public jobs, the halfway point is a milestone which, when reached, requires a reduction of retainage from all subsequent payments. Private contracts, on the other hand, treat retainage according to the contract. But nothing prevents you from negotiating a similar reduction at 50% completion.
If you have to settle out of court, be sure you cover all your bases.
Contractors who discover construction defects or mistakes in their work face two challenges: ignore them and risk liability, or fix the problems and risk destroying evidence.
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