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Seminars
March 22, 2012
  • Thursday, March 22, 2012 09:00am - 04:00pm
    Construction Law Survival Seminar - Beltsville, MD
  • Description:

    Mechanic’s Liens

    - Time Limits, Notices and Claims to preserve rights in Virginia, Maryland, Pennsylvania and D.C.

    Public and Private Payment Bond Rights

    - Federal Miller Act and State Little Miller Acts

    Construction Contracts

    - How to write, review and revise contracts

    - Conduit, Pay when Paid Clauses and Claims Procedures

    Changes, Delays and other Claims

    - Protect your Profit and Rights to Additional Time or Money

     

    Each seminar participant will receive continental breakfast, buffet lunch, refreshments and a copy of the newest edition of the 550 page Construction Law Survival Manual. Cost of $129 per attendee. Check-in starts at 8:30 am. Seminar runs from 9:00 am to 4:00 pm.

     


    For more information call Fullerton & Knowles, P.C. at (703) 818-2600 or visit the website  www.FullertonLaw.com for more seminar information and to see the free 550 page internet Construction Law Survival Manual including Mechanic’s Liens, Payment Bond Claims, Construction Contracts, Changes, Delays and other claims, Credit Management, Uniform Commercial Code, Security Agreements, and ready to use Contract Forms.

March 13, 2012
  • Tuesday, March 13, 2012 09:00am - 04:00pm
    Construction Law Survival Seminar - Fairfax, VA
  • Description:

    Mechanic’s Liens

    - Time Limits, Notices and Claims to preserve rights in Virginia, Maryland, Pennsylvania and D.C.

    Public and Private Payment Bond Rights

    - Federal Miller Act and State Little Miller Acts

    Construction Contracts

    - How to write, review and revise contracts

    - Conduit, Pay when Paid Clauses and Claims Procedures

    Changes, Delays and other Claims

    - Protect your Profit and Rights to Additional Time or Money

     

    Each seminar participant will receive continental breakfast, buffet lunch, refreshments and a copy of the newest edition of the 550 page Construction Law Survival Manual. Cost of $129 per attendee. Check-in starts at 8:30 am. Seminar runs from 9:00 am to 4:00 pm.

     

    For more information call Fullerton & Knowles, P.C. at (703) 818-2600 or visit the website  www.FullertonLaw.com for more seminar information and to see the free 550 page internet Construction Law Survival Manual including Mechanic’s Liens, Payment Bond Claims, Construction Contracts, Changes, Delays and other claims, Credit Management, Uniform Commercial Code, Security Agreements, and ready to use Contract Forms.

January 18, 2012
  • Wednesday, January 18, 2012 08:30am - 12:00pm
    The UCC Sale of Goods & the Battle of the Forms, Dispute Resolution - Sterling, VA
  • Description:

    Understand the terms the Uniform Commercial Code adds to your contract automatically unless you “otherwise agree.” When does the UCC apply? Learn to limit your liability to a return of the purchase price to avoid defect and delay damage claims. Get a waiver of express and implied warranties. When do you have the right to stop shipments and demand adequate assurance of payment? What are your rights to cure any default in your performance? How do you reclaim your goods if the customer defaults?

    How do you win the “Battle of the Forms,” when electronic and facsimile mail is sent back and forth discussing a sale of goods? When do you have an enforceable contract? Will the terms in your quote or the terms in the purchase order control?

    Dispute Resolution

    What are the procedures and advantages of Litigation, Mediation and Arbitration? When are Arbitration clauses enforceable? When is Mediation a worthwhile use of time and money? What is Alternative Dispute Resolution or ADR?

    Learn about Dispute Resolution Procedures in contracts and in the law. Use the correct procedures to preserve rights to payment, speed up claims and lower the costs of claims.

    Learn how to navigate Administrative Claims procedures in Federal and State Public Procurement contracts. You must understand Conduit Clauses, Change Orders and Claims Procedures to protect yourself from back charge or deductive claims and also to receive additional compensation for delay, design defects or changes on a project.

December 13, 2011
  • Tuesday, December 13, 2011 11:00am - 01:30pm
    Doing Business with Disadvantaged Business Enterprises, Joint Check Agreements - Fairfax, VA
  • Description:

    In the current recession, private construction activity has fallen off. Meanwhile, federal stimulus money increases construction in the public sector. Public procurement may be the only game in town. Public projects often require or promote minority business participation. Minority business enterprises often lack the experience or financial strength of more traditional players. Contractors and suppliers must be creative and flexible to capture public work and increase minority participation, while minimizing the chance of default and avoiding insolvency issues. What kind of arrangements can contractors and suppliers make that will be recognized as legitimate minority participation, but still provide the security necessary for manufacturers and suppliers to supply materials at their best pricing? We will explore the role of payment bonds, joint check agreements, guarantees, assignments and escrow arrangements in public projects.

    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.

November 16, 2011
  • Wednesday, November 16, 2011 10:00am - 12:00pm
    Doing Business with Disadvantaged Business Enterprises, Joint Check Agreements - Fredericksburg, VA
  • Description:

    In the current recession, private construction activity has fallen off. Meanwhile, federal stimulus money increases construction in the public sector. Public procurement may be the only game in town. Public projects often require or promote minority business participation. Minority business enterprises often lack the experience or financial strength of more traditional players. Contractors and suppliers must be creative and flexible to capture public work and increase minority participation, while minimizing the chance of default and avoiding insolvency issues. What kind of arrangements can contractors and suppliers make that will be recognized as legitimate minority participation, but still provide the security necessary for manufacturers and suppliers to supply materials at their best pricing? We will explore the role of payment bonds, joint check agreements, guarantees, assignments and escrow arrangements in public projects.

    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.

October 27, 2011
  • Thursday, October 27, 2011 08:30am - 12:00pm
    The UCC Sale of Goods & the Battle of the Forms, Dispute Resolution - Sterling, VA
  • Description:

    Understand the terms the Uniform Commercial Code adds to your contract automatically unless you “otherwise agree.” When does the UCC apply? Learn to limit your liability to a return of the purchase price to avoid defect and delay damage claims. Get a waiver of express and implied warranties. When do you have the right to stop shipments and demand adequate assurance of payment? What are your rights to cure any default in your performance? How do you reclaim your goods if the customer defaults?

    How do you win the “Battle of the Forms,” when electronic and facsimile mail is sent back and forth discussing a sale of goods? When do you have an enforceable contract? Will the terms in your quote or the terms in the purchase order control?

    Dispute Resolution

    What are the procedures and advantages of Litigation, Mediation and Arbitration? When are Arbitration clauses enforceable? When is Mediation a worthwhile use of time and money? What is Alternative Dispute Resolution or ADR?

    Learn about Dispute Resolution Procedures in contracts and in the law. Use the correct procedures to preserve rights to payment, speed up claims and lower the costs of claims.

    Learn how to navigate Administrative Claims procedures in Federal and State Public Procurement contracts. You must understand Conduit Clauses, Change Orders and Claims Procedures to protect yourself from back charge or deductive claims and also to receive additional compensation for delay, design defects or changes on a project.

October 25, 2011
  • Tuesday, October 25, 2011 08:30am - 12:00pm
    The UCC Sale of Goods & the Battle of the Forms, Dispute Resolution - Columbia, MD
  • Description:

    Understand the terms the Uniform Commercial Code adds to your contract automatically unless you “otherwise agree.” When does the UCC apply? Learn to limit your liability to a return of the purchase price to avoid defect and delay damage claims. Get a waiver of express and implied warranties. When do you have the right to stop shipments and demand adequate assurance of payment? What are your rights to cure any default in your performance? How do you reclaim your goods if the customer defaults?

    How do you win the “Battle of the Forms,” when electronic and facsimile mail is sent back and forth discussing a sale of goods? When do you have an enforceable contract? Will the terms in your quote or the terms in the purchase order control?

    Dispute Resolution

    What are the procedures and advantages of Litigation, Mediation and Arbitration? When are Arbitration clauses enforceable? When is Mediation a worthwhile use of time and money? What is Alternative Dispute Resolution or ADR?

    Learn about Dispute Resolution Procedures in contracts and in the law. Use the correct procedures to preserve rights to payment, speed up claims and lower the costs of claims.

    Learn how to navigate Administrative Claims procedures in Federal and State Public Procurement contracts. You must understand Conduit Clauses, Change Orders and Claims Procedures to protect yourself from back charge or deductive claims and also to receive additional compensation for delay, design defects or changes on a project.

September 14, 2011
  • Wednesday, September 14, 2011 03:00pm - 04:30pm
    Battle of the Forms - Teleconference
  • Description:

    You have learned the importance of having good contract and credit terms with every customer. In today’s world, electronic and facsimile mail is sent back and forth between you and your customer, discussing a sale of goods. What if nothing is ever signed? When do you have an enforceable contract? Will the terms in your quote or the terms in the customer’s purchase order control when they are in conflict? How do you win the “Battle of the Forms” in a Uniform Commercial Code sale of goods?

June 24, 2011
  • Friday, June 24, 2011 10:30am - 02:30pm
    The Battle of the Forms - Hunt Valley, MD
  • Description:

    You have learned the importance of having good contract and credit terms with every customer. In today’s world, electronic and facsimile mail is sent back and forth between you and your customer, discussing a sale of goods. What if nothing is ever signed? When do you have an enforceable contract? Will the terms in your quote or the terms in the customer’s purchase order control when they are in conflict? How do you win the “Battle of the Forms” in a Uniform Commercial Code sale of goods?

    Promissory Notes

    Consider effective use of Promissory Notes. When are you improving your position? When should you ask for a Note? Are there advantages to Confessed Judgment Promissory Notes? What terms are important in Promissory Notes, such as Attorney’s Fee and Forum Selection clauses to lower your costs and motivate a debtor to pay.

    To register, contact Jeanne Long at 646-442-3434 or go to http://www.federationofcredit.com/federationofcredit/client/eventdetail.jsp?eventId=313

May 13, 2011
  • Friday, May 13, 2011 09:00am - 03:00pm
    Protecting Your Accounts Receivable in a Troubled Economy - Upper Marlboro, MD
  • Description:

    TOPICS COVERED

    1. Mechanic’s Liens in VA, MD and D.C.
    Suppliers in the construction industry have the advantage of secured
    creditor status for most of their sales, as long as these mechanic’s lien
    rights are carefully preserved. Even minor failure to follow the rules will
    leave you unsecured. Successfully preserving your rights will establish your
    priority over other innocent creditors of the insolvent customer.


    2. Public and Private Payment Bond Rights
    How can your company quote a project without knowing whether
    you are a secured creditor or unsecured? The most important question
    never asked is whether a project is bonded. When can you be confident
    that a project is bonded? How do you obtain a copy of the bond? What
    information do you need to collect to determine whether your company
    is secured? Who is protected under a bond and how do you preserve
    rights? Can you ever recover your costs of collection under a bond? Can
    you accidentally waive your rights in your contract or in progress payment
    waivers? How do you motivate a surety company to promptly pay claims?
    This payment bond session will provide an overview of the federal Miller
    Act, state Little Miller Acts and Private Bonds.


    3. Reading, Writing and Revising Construction Contracts You can Live With
    What do you really need in your contracts? What can you live with?
    What can you change? What are the deal breakers? Understand
    Conduit or Pass Through Provisions; Pay when Paid and Pay if Paid
    Clauses; Change Orders and Claims Procedures; Scheduling and Delays;
    Limitations of Liability; Notice of Default and an Opportunity to Cure;
    Dispute Resolution Procedures, Venue and Arbitration; Waivers and
    Preserving Security Rights.
    Each seminar participant will receive lunch, refreshments, all course materials
    and a bound copy of the 550 page Construction Law Survival Manual!

    For more information and to register, visit www.ct-events.com or contact Josh Zancan at 301-909-2630 or Josh.Zancan@CapitalTristate.com

    file icon pdf Click here to download Flyer

May 12, 2011
  • Thursday, May 12, 2011 09:00am - 01:00pm
    Advanced Subject Seminar - Fredericksburg, VA
  • Description:

    ALREADY ATTENDED THE CONSTRUCTION LAW SURVIVAL SEMINAR?
    INTERESTED IN LEARNING MORE ABOUT NEW TRENDS IN THE INDUSTRY?
    THEN YOU SHOULD ATTEND THIS ADVANCED SUBJECT SEMINAR!!!!!!

    Topics covered include:

    • DOING BUSINESS WITH DISADVANTAGED BUSINESS ENTERPRISES

    In the current recession, private construction activity has fallen off. Meanwhile, federal stimulus money increases construction in the public sector. Public procurement may be the only game in town. Public projects often require or promote minority business participation. Minority business enterprises often lack the experience or financial strength of more traditional players. Contractors and suppliers must be creative and flexible to capture public work and increase minority participation, while minimizing the chance of default and avoiding insolvency issues. What kind of arrangements can contractors and suppliers make that will be recognized as legitimate minority participation, but still provide the security necessary for manufacturers and suppliers to supply materials at their best pricing? We will explore the role of payment bonds, joint check agreements, guarantees, assignments and escrow arrangements in public projects.

    • 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.

    For more info contact Stacey Jones, sjones@sacm.us.com

    **Seminar costs: includes continental breakfast, box lunch and a copy of the 2011 Edition of the Construction Law Survival Manual, if you do not have one. $25- Early registration (before May 1) $35- Registration (after May 1).

May 02, 2011
  • Monday, May 02, 2011 03:00pm - 04:30pm
    Doing Business with Disadvantaged Business Enterprises - Teleconference
  • Description:

    In the current recession, private construction activity has fallen off. Meanwhile, federal stimulus money increases construction in the public sector. Public procurement may be the only game in town. Public projects often require or promote minority business participation. Minority business enterprises often lack the experience or financial strength of more traditional players. Contractors and suppliers must be creative and flexible to capture public work and increase minority participation, while minimizing the chance of default and avoiding insolvency issues. What kind of arrangements can contractors and suppliers make that will be recognized as legitimate minority participation, but still provide the security necessary for manufacturers and suppliers to supply materials at their best pricing? We will explore the role of payment bonds, joint check agreements, guarantees, assignments and escrow arrangements in public projects.

April 14, 2011
  • Thursday, April 14, 2011 09:00am - 03:00pm
    Collecting Your Accounts Receivable in a Troubled Economy - Fredericksburg, VA
  • Description:

    Course Description: The course will cover a number of key issues including mechanic’s liens,construction contracts and bankruptcy protection. Instructor Jim Fullerton of Fullerton & Knowles,P.C. is also the author of the Construction Law Survival Manual. Additionally, each seminar participant will receive a bound copy of the manual. Lunch and refreshments will be provided.

    Topics Included:

    Mechanic’s Liens
    • Lien Rights in Virginia, Maryland & DC.
    Public and Private Payment Bond Rights
    • Federal Miller Act and State Little Miller Acts
    Trust Fund Laws and Agreements
    • State Trust Fund Statutes and Trusts Agreements
    Construction Contracts
    • Reading, Writing and Revising Contracts You
    Can Live With
    • Managing Conduit, Pay When Paid Clauses and Claims Procedures
    Changes, Delays and Other Claims
    • Preserve Rights to Additional Time or Money
    Bankruptcy Protection
    • What if your customer files bankruptcy or the property is sold?

    For full details and registration, please file icon pdf Download Flyer / Form

April 06, 2011
March 17, 2011
  • Thursday, March 17, 2011 09:00am - 04:00pm
    Construction Law Survival Seminar - Beltsville, MD
  • Description:

     

    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 and Trusts Agreements

    Construction Contracts

    · Reading, Writing and Revising Contracts

    · Conduit, Pay When Paid Clauses and Claims Procedures

    Changes, Delays and Other Claims

    · Preserve rights to Additional Time or Money

     

    For more information and to register, please visit: http://www.fullertonlaw.com/seminars/construction-law-survival-seminar-beltsville-md/17-03-2011.html

March 10, 2011
  • Thursday, March 10, 2011 09:00am - 04:00pm
    Construction Law Survival Seminar - Fredericksburg, VA
  • Description:

    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 and Trusts Agreements

    Construction Contracts

    · Reading, Writing and Revising Contracts

    · Conduit, Pay When Paid Clauses and Claims Procedures

    Changes, Delays and Other Claims

    · Preserve rights to Additional Time or Money

     

    For more information and to register, please visit: http://www.fullertonlaw.com/seminars/construction-law-survival-seminar-beltsville-md/17-03-2011.html

February 25, 2011
  • Friday, February 25, 2011 10:30am - 12:00pm
    Enforcing and Litigating Mechanic’s Lien Rights - New Orleans, LA
  • Description:

    Suppliers and Subcontractors in the construction industry have the advantage of secured creditor status for most of their sales, as long as these mechanic’s lien rights are carefully preserved. Even minor failure to follow the rules will leave you unsecured. True mechanic’s lien litigation is a “Battle between Innocents” in which innocent suppliers, owners, institutional lenders and other creditors of the debtor will actively contest and litigate the validity of the mechanic’s lien. Successfully preserving your rights will establish your priority over other innocent creditors of the insolvent customer.

    Rather than discuss the precise procedure of filing a mechanic’s lien, which varies from state to state, this course will focus on practical problems and the dynamic of the “Battle between Innocents” that all mechanic’s lien litigators will face. Many mechanic’s lien principles are similar in most states. A few core principles do vary, with dramatic differences in result. This session will consider common rules in most states and differences you must recognize.

    Some states have “prefiling” requirements before delivery of goods. The client will have no opportunity at security if this procedure is missed early in the project. All states require some action shortly after delivery. How do you know when your work is complete? How do you “trace” your materials to particular properties and allocate the amount of each lien?

    Does it matter whether your customer has been paid on the project? Remote Contractors must know which states have a “defense of payment,” requiring the owner or general contractor to pay for a project only once. Whether or not your lien is valid, the “priority” of your lien compared to other claimants can often determine whether you get paid. What if your customer files bankruptcy or the property is sold?

    Mechanic’s lien litigation is often complex, with many “necessary parties” with varying interests. What are the best strategies for settlement of a mechanic’s lien case, where multiple innocent mechanic’s lien claimants, an owner, a general contractor and multiple institutional lenders face an insolvent debtor and a limited fund? Finally, we will discuss common problems with mechanic’s lien waivers and how to avoid inadvertently signing away your security rights. Can you waive your security rights in your contract or in progress payment waivers?

February 22, 2011
  • Tuesday, February 22, 2011 09:00am - 04:00pm
    Construction Law Survival Seminar - Fairfax, VA
  • Description:

    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 and Trusts Agreements

    Construction Contracts

    · Reading, Writing and Revising Contracts

    · Conduit, Pay When Paid Clauses and Claims Procedures

    Changes, Delays and Other Claims

    · Preserve rights to Additional Time or Money

     

    For more information and to register, please visit: http://www.fullertonlaw.com/seminars/construction-law-survival-seminar-beltsville-md/17-03-2011.html

February 18, 2011
May 19, 2010
  • Wednesday, May 19, 2010 08:30am - 10:00am
    Conduit and “Pay When Paid” Clauses on Construction Projects
  • Description:

    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/

May 17, 2010
May 05, 2010
  • Wednesday, May 05, 2010
    Tri-state lien seminar on mechanic’s liens in Tennessee, North Carolina and Virginia
  • Description:

    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

April 20, 2010
  • Tuesday, April 20, 2010 10:00am - 01:00pm
    Mechanic’s Lien and Payment Bond Rights in Virginia, Maryland, Pennsylvania and D.C.
  • Description:

    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

March 15, 2010
  • Monday, March 15, 2010 03:00pm - 04:00pm
    NACM's Audio Teleconference Series
  • Description:

    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

February 10, 2010
  • Wednesday, February 10, 2010 09:00am - 04:00pm
    Construction Law Survival Seminar
  • Description:

    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 05, 2010
  • Friday, February 05, 2010 09:00am - 04:00pm
    Construction Law Survival Seminar
  • Description:

    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

January 21, 2010
  • Thursday, January 21, 2010 09:00am - 04:00pm
    Construction Law Survival Seminar
  • Description:

    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

January 19, 2010
  • Tuesday, January 19, 2010 09:00am - 04:00pm
    Construction Law Survival Seminar
  • Description:

    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

January 12, 2010
  • Tuesday, January 12, 2010 08:00am - 12:00pm
    4 Hour Seminar
  • Description:

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

    file icon pdf Retrieve Registration Form




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