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Attorneys and Counselors at Law in Virginia, Maryland, Pennsylvania and the District of Columbia
Martindale Hubbell Peer Rated AV® Preeminent™ Law Firm


   
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Events for
2010
January, 2010
  • 4 Hour Seminarby admin ::  Seminars

    4 hour version on Reading Writing &
    Revising Construction Contracts and
    Credit Management for Contractors and Suppliers for $69

    file icon pdf Retrieve Registration Form

  • Construction Law Survival Seminarby admin ::  Seminars

    Protecting Your Account Receivable in a Troubled Economy
    • Analyze and Improve your Credit Risk
    • How to Deal with a Customer in Default and Improve Your Position
    • Obtain Security for Payment
    Doing Business with Disadvantaged Business Enterprises
    • Capture Public Work and Increase Minority Participation
    • Avoid Defaults and Insolvency Problems
    • The Role of Bonds, Joint Check Agreements and Escrow Arrangements
    Mechanic’s Liens
    • Lien rights in Virginia, Maryland, Pennsylvania and D.C.
    Public and Private Payment Bond Rights
    • Federal Miller Act and State Little Miller Acts
    Trust Fund Laws and Agreements
    • State Trust Fund Statutes
    • Trust Fund Agreements in Contracts
    Construction Contracts
    • Reading, Writing and Revising Contracts
    • Conduit, Pay When Paid Clauses and Claims Procedures
    • Uniform Commercial Code
    • Protective Contract forms ready to use
    Changes, Delays and Other Claims
    • Preserve rights to Additional Time or Money
    Bankruptcy Primer for Creditors
    • Protect yourself from Customer Bankruptcies
    • Doing Business with a Bankruptcy Debtor
    • Protect yourself from a Preference Claim


    Each seminar participant will receive continental breakfast, buffet lunch, refreshments and
    a bound copy of the 545 page Construction Law Survival Manual. Cost of $129 per attendee.

    file icon doc Click here for more information

  • Construction Law Survival Seminarby admin ::  Seminars

    Protecting Your Account Receivable in a Troubled Economy
    • Analyze and Improve your Credit Risk
    • How to Deal with a Customer in Default and Improve Your Position
    • Obtain Security for Payment
    Doing Business with Disadvantaged Business Enterprises
    • Capture Public Work and Increase Minority Participation
    • Avoid Defaults and Insolvency Problems
    • The Role of Bonds, Joint Check Agreements and Escrow Arrangements
    Mechanic’s Liens
    • Lien rights in Virginia, Maryland, Pennsylvania and D.C.
    Public and Private Payment Bond Rights
    • Federal Miller Act and State Little Miller Acts
    Trust Fund Laws and Agreements
    • State Trust Fund Statutes
    • Trust Fund Agreements in Contracts
    Construction Contracts
    • Reading, Writing and Revising Contracts
    • Conduit, Pay When Paid Clauses and Claims Procedures
    • Uniform Commercial Code
    • Protective Contract forms ready to use
    Changes, Delays and Other Claims
    • Preserve rights to Additional Time or Money
    Bankruptcy Primer for Creditors
    • Protect yourself from Customer Bankruptcies
    • Doing Business with a Bankruptcy Debtor
    • Protect yourself from a Preference Claim


    Each seminar participant will receive continental breakfast, buffet lunch, refreshments and
    a bound copy of the 545 page Construction Law Survival Manual. Cost of $129 per attendee.

    file icon doc Click here for more information

February, 2010
  • Construction Law Survival Seminarby admin ::  Seminars

    Protecting Your Account Receivable in a Troubled Economy
    • Analyze and Improve your Credit Risk
    • How to Deal with a Customer in Default and Improve Your Position
    • Obtain Security for Payment
    Doing Business with Disadvantaged Business Enterprises
    • Capture Public Work and Increase Minority Participation
    • Avoid Defaults and Insolvency Problems
    • The Role of Bonds, Joint Check Agreements and Escrow Arrangements
    Mechanic’s Liens
    • Lien rights in Virginia, Maryland, Pennsylvania and D.C.
    Public and Private Payment Bond Rights
    • Federal Miller Act and State Little Miller Acts
    Trust Fund Laws and Agreements
    • State Trust Fund Statutes
    • Trust Fund Agreements in Contracts
    Construction Contracts
    • Reading, Writing and Revising Contracts
    • Conduit, Pay When Paid Clauses and Claims Procedures
    • Uniform Commercial Code
    • Protective Contract forms ready to use
    Changes, Delays and Other Claims
    • Preserve rights to Additional Time or Money
    Bankruptcy Primer for Creditors
    • Protect yourself from Customer Bankruptcies
    • Doing Business with a Bankruptcy Debtor
    • Protect yourself from a Preference Claim


    Each seminar participant will receive continental breakfast, buffet lunch, refreshments and
    a bound copy of the 545 page Construction Law Survival Manual. Cost of $129 per attendee.

    file icon doc Click here for more information

  • Construction Law Survival Seminarby admin ::  Seminars

    Protecting Your Account Receivable in a Troubled Economy
    • Analyze and Improve your Credit Risk
    • How to Deal with a Customer in Default and Improve Your Position
    • Obtain Security for Payment
    Doing Business with Disadvantaged Business Enterprises
    • Capture Public Work and Increase Minority Participation
    • Avoid Defaults and Insolvency Problems
    • The Role of Bonds, Joint Check Agreements and Escrow Arrangements
    Mechanic’s Liens
    • Lien rights in Virginia, Maryland, Pennsylvania and D.C.
    Public and Private Payment Bond Rights
    • Federal Miller Act and State Little Miller Acts
    Trust Fund Laws and Agreements
    • State Trust Fund Statutes
    • Trust Fund Agreements in Contracts
    Construction Contracts
    • Reading, Writing and Revising Contracts
    • Conduit, Pay When Paid Clauses and Claims Procedures
    • Uniform Commercial Code
    • Protective Contract forms ready to use
    Changes, Delays and Other Claims
    • Preserve rights to Additional Time or Money
    Bankruptcy Primer for Creditors
    • Protect yourself from Customer Bankruptcies
    • Doing Business with a Bankruptcy Debtor
    • Protect yourself from a Preference Claim


    Each seminar participant will receive continental breakfast, buffet lunch, refreshments and
    a bound copy of the 545 page Construction Law Survival Manual. Cost of $129 per attendee.

    file icon doc Click here for more information

March, 2010
  • NACM's Audio Teleconference Seriesby admin ::  Seminars

    Joint Check Agreements

    There is no such thing as a "standard" joint check agreement. These documents vary widely in their wording and the protection they offer a material supplier on a construction project. A credit manager must be able to evaluate the security offered and suggest changes that will better protect company assets. The most common joint check agreements state only that a general contractor will write any check jointly. This only helps if a check is ever written and offers no protection if the customer defaults on the project. Some agreements provide no recourse against a general contractor and even contain a waiver of your lien and bond rights. What if the customer disappears, goes out of business or refuses to endorse a check? What if there is a disagreement about the amount owed the material supplier? Learn how to add solutions to these problems and provide actual security in a joint check agreement.

    Event Details and Registration

April, 2010
  • Mechanic’s Lien and Payment Bond Rights in Virginia, Maryland, Pennsylvania and D.C.by admin ::  Seminars

    What is a Mechanic’s Lien? Why are Mechanic’s Lien security rights so important in the collection of Construction industry accounts?

    This course will discuss pre-filing requirements before work is performed, notice requirements after work is complete and the enforcement of mechanic’s lien rights. When is work “complete” to establish your filing deadline? How can your company “track” mechanic’s lien rights to make sure you do not miss deadlines? How can you trace your materials to show that they were incorporated into the property and how can you allocate your materials between multiple properties. Remote Contractors must know which states have a “defense of payment,” requiring the owner or general contractor to pay for a project only once. Will your lien survive a bankruptcy or a sale of the property? The “priority” of your lien compared to other claimants or the construction lender can often determine whether you get paid. Finally, we will discuss common problems with Mechanic’s Lien waivers and how to avoid inadvertently signing away your security rights.

    The payment bond session begins with an overview of the federal Miller Act, state Little Miller Acts and Private Bond terms. Learn how to verify the existence of a payment bond and the financial strength of the surety before you grant credit. Learn how to make an effective bond claim, while recognizing and avoiding pitfalls. What will motivate a surety company to promptly pay claims in full? How can you avoid frustrating delays?

    file icon pdf Download Registration Form

May, 2010
  • Tri-state lien seminar on mechanic’s liens in Tennessee, North Carolina and Virginia by swillis ::  Seminars

    Jim Fullerton will speak two hours on:

    Mechanic's Lien Rights in Virginia

    Contractors and Suppliers in the construction industry have the advantage of secured creditor status in Virginia for most of their sales, as long as these mechanic’s lien rights are carefully preserved. The Virginia mechanic’s lien has a powerful high priority and will prevail over even the first mortgage construction lender. Your lien rights will survive a bankruptcy or sale of the property. However, the statute is “strictly construed.” Even minor failure to follow the rules will leave you unsecured.

    To preserve rights, you must identify and send notice to the Mechanic’s Lien Agent on most Virginia Residential projects before or soon after delivery of goods. How do you determine and track your deadlines for filing the lien after delivery? What information do you need to collect in order to file your lien? How do you know when your work is complete? How can you trace your materials to show that they were incorporated into the property? How can you “allocate” your materials to particular properties and determine the amount of each lien? What about subdivision infrastructure improvements, off site work, tenant improvements, renovation or repair work?

    Remote contractors must understand that Virginia is a “defense of payment state.” Your lien will not be enforceable if the general contractor or your customer has been paid on the project. Learn how to use a Virginia Code Section 43-11 Notice to partially protect against the defense of payment problem.

    The first 50 participants will receive a free copy of a 550 page Construction Law Survival Manual with complete chapters on mechanic’s liens in Virginia, Maryland and the District of Columbia and providing valuable information about construction contract litigation, payment bond claims, bankruptcy, the Uniform Commercial Code, as well as credit management and contains over 30 commonly used contract forms.

    file icon pdf For more information and to retrieve registration form, click here

  • Executive Exchange Session: Building and Constructionby admin ::  Seminars

    Panelist for Executive Exchange Session: Building and Construction

  • Conduit and “Pay When Paid” Clauses on Construction Projectsby admin ::  Seminars

    Conduit and “Pay When Paid” Clauses on Construction Projects

    Construction material suppliers are now often asked to sign a “subcontract” or asked to sign a “purchase order” with many of the same terms found in a labor and material subcontract. It is getting more difficult to require customers on construction projects to sign standard credit agreements. This requires a new skill set.

    What do all these terms mean? You are often bound to the terms of the general contract that you have never seen. Understand “Conduit” or “Pass Through” Provisions. What is the difference between a “Pay when Paid” and a “Pay if Paid” Clause? How will this affect the timing of payment or whether you get paid at all? You must know how to use Change Orders and Claims Procedures if you hope to protect yourself from delay and liquidated damage claims or receive additional compensation for delay, design defects or design changes on a project.

    http://creditcongress.nacm.org/


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