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Credits

Sponsored by Lorman Education
Product ID: 407140EAU
 
Credit & Course Provided by:

Best Practices in Handling Construction Payment Disputes

OnDemand Webinar (91 minutes)

Learn best practices to prevent or maneuver through the minefield of payment disputes.Avoiding and minimizing payment disputes is essential to success. This topic provides a roadmap filled with tactics and strategies to avoid or navigate through the minefield of payment disputes. During the course of this program, you will learn how to spot toxic projects, protect your company through key contract terms, evaluate and manage risk, and deploy successful strategies to resolve payment disputes on your terms.

Authors

Drew W. Colby, Partridge Snow & Hahn LLP Brian D. Fishman, Partridge Snow & Hahn LLP

Agenda

Preventing Payment Issues Before They Arise

• Avoid the Wrong Jobs

• Investigate Ability to Pay

• Check Governmental Filings

Factors to Consider When Payment Issues Arise

• Burn or Preserve Relationship

• Likelihood of Getting Better or Worse

• Perform or Terminate

• How Well Documented Is Your Position?

• What Rights Does Your Contract Give You?

Time Is Not Your Friend

• Bond

• Lien

• Out of Business

• Preferred Creditors

• Start Worrying When They Stop Communicating

Risk Management Through Contract Terms

• Cost to Collect

• Terminate

• Walk off or Perform Under Protest

• Pay If Paid

• Process for Addressing Changes

• Dispute Resolution

• Liquidated Damages vs. Actual Damages

Payment Process Option

• Letter Writing

• Bond Claims

• Mechanic Lien Claims

• Mediation, Arbitration, or Lawsuit