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OnDemand Course

Construction Payment Remedies: Using The Right Tools At The Right Time

Nonpayment and late payment remain problems of critical concern to general contractors - discover the types of payment remedies available to you.

Even as the economy continues to grow and construction activity remains high, nonpayment and late payment remain problems of critical concern to general contractors, subcontractors, design professionals and suppliers. Special remedies are available to assist in collecting monies owed for construction work, services and materials. This topic will explain the types of payment remedies available, how they work, defenses to them, and the strengths and weaknesses of each remedy. The speaker will discuss how to mix and match remedies to fit particular needs and circumstances.

Runtime: 90 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Initial Considerations

  • Establishing Entitlement
  • Proving Quantum
  • Defenses, Including Pay If Paid
  • False Claims Act Considerations

Mechanics Liens and Related Remedies

  • Overview
  • Mechanics Liens
  • Stop Payment Notices: Public Works and Private Works
  • Payment Bond Claims

Other Payment Remedies

  • Overview
  • Prompt Payment Laws
  • Terminating Performance
  • Statutory Stop Work Orders
  • Statutorily Required Security From Owners
  • Writs of Attachment

Bankruptcy Concerns

  • Automatic Stay Rule
  • Perfecting Lien Claims in Bankruptcy

Mixing and Matching Remedies to Fit the Situation

  • Nature of the Owner
  • Nature of the Project
  • Which Remedies Are Available, Legally and Practically
  • Strengths and Weaknesses of Remedies
  • Deadlines and Other Time Factors

Resolving Payment Disputes

Questions and Answers

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on January 31, 2018.

Call 1-866-352-9540 for further credit information.

No Credit Available

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Paul W. Berning, Esq.

Paul W. Berning, Esq.

Law Offices of Paul W. Berning

  • Experienced arbitrator, mediator and dispute review board member
  • Member: American Arbitration Association’s Roster of Neutrals for Arbitrations, American Arbitration Association’s Panel of Mediators, Caltrans Dispute Resolution Board Candidates List
  • Dispute Resolution Board Foundation
  • Managing partner of the Law Offices of Paul W. Berning in the San Francisco area since 2011
  • Partner in the construction practice groups of two national law firms for more than two decades before founding his own firm
  • More than 33 years of experience in construction law
  • Frequently represent clients in arbitrations and mediations
  • Represents general contractors, subcontractors, owners, design professionals, suppliers and construction managers in trials, arbitrations, mediations; negotiates contracts; and provides counseling before, during and after construction projects
  • Practice includes resolving construction disputes involving payment issues; financing; terminations for default; claims for extra work, delay, disruption and lost efficiency; defective work
  • Extensive experience in counseling clients on complying with contractor and design professional licensing requirements and in representing clients in court, administrative and arbitration proceedings involving licensing claims and disputes
  • Can be contacted at 510-863-8118 or [email protected]
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!

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Product ID: 401394
Published 2018
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Available in Multiple Formats

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