We are looking to do work in a center which has a non lien clause. How do I protect myself if our client does not pay? "NEITHER CONTRACTOR NOR ANY SUB CONTRACTOR SHALL FILE ANY MECHANIC'S, MATERIALSMEN'S, OR OTHER LIENS EITHER AGAINST THE LEASED PREMISES OR THE SHOPPING CENTER FROM ANY WORK, LABOR, SERVICES OR MATERIALS SUPPLIED OR PREFORMED BY CONTRACTOR OR BY AN SUB-CONTRACTOR. CONTRACTOR HEREBY AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS LANDLORD, ITS AGENTS AND EMPLOYEES, ASSIGNS AND ARCHITEXTS OF AND FROM ANY AND ALL COSTS OF ANY NATURE, INCLUDING WITHOUT LIMITATIONS INVESTIGATIONS, ADJUSTMENT, ATTRONEY'S FEES, EXPERT'S FEES, COURT COSTS, ADMINTTRATIVE COSTS, AND OTHER ITEMS OF EXPENSE ARISING OUT OF ANY MECHANIC'S, MATERILAMEN'S OR OTHER LIENS FILED AGAINST EITHER THE LEASED PREMISES OR THE SHOPPING CENTER BY CONTRACTOR OR BY ANY SUB CONTRACTORS"
It depends on how negotiable that contract is. There are arguments against these types of provisions, but arguments mean uncertainty in litigation. There are also ways to ensure you aren't performing work without being paid by modifying the contract. I'd need to see the whole contract and know the circumstances of your negotiations.
The shortest answer to this is that the cited provision arguably affects only your lien rights. That provision does not mention indemnity for contract and/or quasi contract claims, which might allow you to recover. That assumes there won't be a shell game of entities owning vs contracting, which can complicate recovery in contract.
You should do your homework on whomever you're contracting with.
Feel free to contact the office to discuss in more detail. 7205007855.