Steven P. Engel is the head of Maiello Brungo & Maiello’s Litigation Department. Mr. Engel is an experienced construction lawyer and litigator. He has over twenty years of experience representing contractors, subcontractors, design professionals and owners in construction- related matters. Over his career, Mr. Engel has represented clients during the pre-construction phase of projects, providing advice and guidance during the design, regarding bids, and during the negotiation of contracts. He also regularly provided advice to clients during the contraction-phase of projects, helping his clients interpret contractual provisions and identify and mitigate potential exposure and protect their interests when disputes and unexpected circumstances were encountered. WMore...More...
I have always interpreted the "last day worked" to mean the last day you were on the site performing any work, including punchlist items. Punchlist items are part of the scope of work and completing them would in my opinion fall within your contract. However, some Courts have found that "punchlist work" does not qualify as work when contractors or subcontractors returned to the project site to perform "punchlist" work more than 6-months after See More...See More...
No. You can't file a mechanics' lien on a public project. However, you do have rights. The general contractor likely had to post a payment bond ... you can assert a claim against that bond. You also can assert a claim under the Procurement Code. See More...
The answer depends on several factors. First, Lark needs to look at the contract. Often, contracts have venue/forum selection clauses, requiring disputed to be litigated in specific forums. See More...See More...
You can't file a mechanic's lien claim until 30 days after the Notice of Intent to Lien. As a result, you lien that was filed before the Notice was sent is invalid and there is no way to cure or correct the lien . If you still have time, you will need to serve the Notice of Intent to Lien and then wait 30 days. You then will have to file and perfect a new mechanics' line claim in order to have a valid lien. See More...