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Where do I find out about all things legal as a contractor who manages subs for government work?

Anonymous Contractor

I'm new to construction transitioning from engineering and have no legal experience. Where do i find out about all the actions and legal notices that can be filed against my company or project? If my projects manage subs where to do I find out about all the actions that can be taken against them and them against me? Items such as: Notice of Default, Leins, Serial Letters, Rights to file for adjustment, Letters of Concern, etc.

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,007 reviews

Feb 3, 2020

There are plenty of considerations that must be taken into account when managing a public works project, so it's natural to want to learn as much as possible before taking the plunge. I don't have experience in construction management, and unfortunately, my experience with the documents you mention above is limited as well. But, below are some articles and resources that I think could be pretty valuable when building your understanding of relevant concepts.

Payment bond claims will be available to most subcontractors and suppliers

As you may know, publicly owned property isn't subject to mechanics lien claims like commercial or residential property will be. Instead, the GC on a public project will generally be required to provide payment bonds to protect the lower-tiered parties on those projects. So, if a subcontractor does end up with a payment claim on the job, often, the claim will be brought against the payment bond. Bringing the claim there will be much easier than proceeding directly to legal action. Granted, before a bond claim is made, there will generally be some notice or even claims made between the project participants. For further discussion: How Does the Payment [Surety] Bond Claim Process Work? Requirements and Mistakes to Avoid.

Delay claims resources

One of the hot topics that construction managers will often need to deal with is delays. Below are some helpful articles covering top delay topics. - Construction Delay Claims: Types, Claims, and Defenses - Types of Construction Project Delays – Inexcusable Delays vs. Excusable Delays - Construction Delays: Common Causes for Delay and How to Minimize the Fallout - Time Impact Analysis | Identifying the Impact of Extra Work

Termination resources

Above, you mention Letters of Concern and Notices of Default. In that vein, here are some resources on termination that might be helpful. - How a Termination Clause Works in a Construction Contract - Wrongful Termination | When is Termination Considered Wrongful? - Termination for Cause | When Can Construction Contracts Be Terminated for Cause? - Deductive Change Order vs. Partial Termination for Convenience | When Scope of Work is Reduced

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