Over the years we’ve covered just about every term that you should include in your construction contracts. This time, we are doing things differently by explaining 3 contract terms that should NOT be agreed to when taking on a project. Make sure to follow us on our dedicated construction site as well as our podcast, YouTube videos and social media … 
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The post 3 Terms That Should NOT be in Your Next Contract! appeared first on TheLienZone Podcast.

3 Terms That Should NOT be in Your Next Contract!

TheLienZone Podcast hosted by engineer and Board Certified Construction Lawyer Alex Barthet, covers a wide variety of Florida construction law topics from construction contracts, liens, bonds and collections, with the occasional interview of someone in or serving the construction industry.

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In the latest episode of The Lien Zone Podcast, titled “Lockdown Payment Plans like a Pro” host Alex Barthet, a board-certified construction attorney in Florida, shares essential tips for securing payment plans that expedite payment and minimize litigation risk.
Alex outlines four crucial strategies for effective payment agreements:

Documentation and Authorization: Emphasize the need for written agreements signed by an authorized principal, highlighting the risks associated with verbal agreements and the importance of having formal documentation.
Clear Terms: Specify the total debt, payment schedules, and conditions, including ensuring payments are due upon receipt, not mailing, to avoid ambiguities that could delay payment.
Strategic Credits: Recommend offering credits only in exchange for full payment, suggesting structuring agreements to allow for discounts upon successful completion of payment terms, thereby encouraging timely compliance.
Preservation of Lien and Bond Rights: Advise against relinquishing lien or bond rights prematurely, suggesting the use of alternative security measures like personal or corporate guarantees if necessary.
This episode is a valuable resource for construction professionals seeking to improve their financial agreements and ensure timely payments while retaining their legal rights.

Make sure to follow us on YouTube and social media including Instagram, LinkedIn and Twitter to get a jump on your competition.
About Our Host:

Alex Barthet
Principal, The Barthet Firm
Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering.  He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.
The post ICYMI: Lockdown Payment Plans like a Pro appeared first on TheLienZone Podcast.

ICYMI: Lockdown Payment Plans like a Pro

Hey there, construction pros! In the latest episode of The Lien Zone Podcast, Alex Barthet sits down with Bryan Gorrita to discuss the current state of the South Florida construction and real estate market. Bryan, a seasoned real estate broker, offers valuable insights into the market’s ongoing growth, despite high interest rates, and the strategic investments being made.
Topics Covered:

Market Trends: Strategic investments in Miami’s booming real estate market.
Affordable Housing: Efforts to address housing affordability, including the Live Local Act.
Infrastructure Projects: Developments aimed at improving transportation in Miami-Dade County.
Rental Market: Observations on rent stabilization and emerging rental deals.

Make sure to follow us on YouTube and social media including Instagram, LinkedIn and Twitter to get a jump on your competition.
About Our Host:

Alex Barthet
Principal, The Barthet Firm
Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering.  He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.
About Our Guest:
Bryan Gorrita
Real Estate Broker

Bryan Gorrita, a real estate broker with a specialization in relocation services, family trust, probate, divorce clients, and a keen focus on aiding financial professionals.
Linkedin: https://www.linkedin.com/in/bryangorrita/
Instagram: https://www.instagram.com/bryangorrita/
The post The SoFla Construction and Real Estate Market with Bryan Gorrita appeared first on TheLienZone Podcast.

The SoFla Construction and Real Estate Market with Bryan Gorrita

As a contractor, navigating the complex terrain of construction projects can often lead you to unexpected roadblocks. From unpredictable subsurface surprises to shifting regulations and unforeseen cost increases, these hidden contract conditions can significantly derail your budget and timelines. This episode is your compass through these murky waters, highlighting the often-overlooked pitfalls that could jeopardize your project. Not recognizing these latent risks can escalate into costly fixes, replacements, or legal entanglements. Equip yourself with the knowledge to spot and manage these potential hazards in your contracts, and proactively shield your business from unforeseen challenges.
Make sure to follow us on YouTube and social media including Instagram, LinkedIn and Twitter to get a jump on your competition.
About Alex Barthet
Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering.  He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.
The post Do You Know These Hidden Conditions in Construction Contracts? appeared first on TheLienZone Podcast.

Do You Know These Hidden Conditions in Construction Contracts?

In the latest episode of The Lien Zone Podcast, Alex provides a comprehensive guide for developers on managing and preventing liens on their projects.
Here are the key points discussed:

Introduction to Liens: Understanding what a lien is, its purpose, and how it can affect property owners. Liens offer security to those who improve your property, granting them the right to claim payment through property sale if necessary.
Notice to Owner (NTO): The importance of managing Notices to Owner as they indicate potential lien claimants. Developers should create a list of all notices received by project to track and ensure all parties are accounted for.
Releases Are Key: The critical role of releases in protecting property owners from liens, emphasizing the need to obtain releases from every party that sends a Notice to Owner, regardless of payment status during that period.
Understanding Lien Rights: A detailed explanation of who has lien rights, including general contractors, subcontractors, and certain professionals like architects and engineers.
Timing Rules for Notices and Liens: The importance of adhering to timing rules for serving Notices to Owner and recording liens, including the 45-day rule for notices and the 90-day rule for lien recording.
Lien and Notice Calculators: Tools like the Lien and Notice Calculator can help developers manage critical deadlines associated with Notices to Owner and liens.

Calc-U-Lien – Have trouble figuring out when your Notice to Owner (NTO), Claim of Lien or Payment Bond/Notice of Nonpayment is due? Use our Calc-U-Lien app to help calculate Florida state Notice to Owner (NTO), Claim of Lien or Notice of Nonpayment (payment bond claim) dates. https://calc-u-lien.com
Lien-O-Matic: Get your very own Lien-O-Matic, the Florida Construction Law Calculator. The Lien-O-Matic helps you understand what and when to file, depending on your role and type of construction project. https://lienomatic.com/


Enforcing and Contesting Liens: Strategies for enforcing lien claims and contesting liens, including the use of Notices of Contest of Lien to reduce the enforcement period.
Conditional vs. Unconditional Releases: The difference between conditional and unconditional releases and the significance of ensuring releases are correctly categorized to reflect payment receipt.

Make sure to follow us on YouTube and social media including Instagram, LinkedIn and Twitter to get a jump on your competition.
About Our Host:

Alex Barthet
Principal, The Barthet Firm
Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering.  He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.
The post Follow These Steps to Protect Your Projects from Liens appeared first on TheLienZone Podcast.

Follow These Steps to Protect Your Projects from Liens

In this episode of The Lien Zone Podcast, we deep dive into Florida’s freshly updated regulations regarding public project payments.
We begin with a closer examination of the “Public Project Notices of Nonpayment, Sections 255.05 and 337.18.” Here, the introduction of a provision allows claimants to assert their right to bond protection if a bond isn’t timely recorded. The episode underscores the necessity of serving a notice of nonpayment on contractors – especially vital for those not directly in a contract with the contractor.
Transitioning to the “Public Project Prompt Payment Changes, Sections 218.735 and 255.077,” effective from July 1, 2023, we dissect significant alterations. Notably, the law now eradicates the previous $1M threshold for its applicability. Furthermore, there’s clarity on the governmental entity’s role in the payment process – from creating a comprehensive punch list to ensuring contractors are promptly paid.
In previous regulations, a contractor might face situations where they weren’t owed any payment. Now, with explicit rules in place, there’s a more balanced approach to handling payment disputes.
For anyone involved in public construction projects in Florida, understanding these changes is paramount. Tune in to gain invaluable insights into navigating these updates proficiently.

Make sure to follow us on YouTube and social media including Instagram, LinkedIn and Twitter to get a jump on your competition.



About Alex Barthet
Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering.  He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.


The post ICYMI: New Public Project Payment Protocols in Florida appeared first on TheLienZone Podcast.

3 Terms That Should NOT be in Your Next Contract!

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