When payment is not forthcoming, contractors and subcontractors need to consider the enforcement mechanisms available to them: this includes construction liens. However, failure to comply with strict lien deadlines and processes may render your lien unenforceable. Topics of discussion will include:

• Exploring the legal and financial risks of miscalculation of lien deadlines in complex projects
  • Evaluating the practical challenges in determining when the contract was substantially performed and its effect on lien periods
• Mapping out the interactions between construction lien remedies and adjudication remedies
  • Understanding the interplay between both remedies
  • Reconciling ambiguities by taking the appropriate positions to preserve your rights
• Learning the factors that permit the release of holdback at different times throughout the course of the construction project
  • Examining the ethos of ‘pain share, gain share’ in construction, in relation to the impact of holdbacks on achieving cash-positive or cash-neutral arrangements for contractors and subcontractors