Contracts are one of the most critical elements of a construction project. They can determine whether the contractor profits or loses money. There are numerous clauses that demand the attention of contractors, estimators, and any other parties involved in a construction contract. Recently, Daniel Gabris of Gabris Law delivered a presentation to the American Society […]
Material Suppliers often face collection issues due to contractors running up accounts and running out of funds on large projects. This can happen for any number of reasons including the contractor’s failure to properly bid the job, issues with cash flow, or complaints regarding the quality or condition of the materials supplied. Regardless of the
When I receive a phone call from a new potential client, the most common question that I get is: “Can we collect attorney’s fees from the opposing party?” The answer to this question is generally NO—unless, you have a contractual or statutory basis for collecting the same. In certain limited cases, the Courts may award
This is a basic glossary of commonly used terms in the construction world. The descriptions and definitions were not meant to be comprehensive but rather a summation of a number of fairly complex terms and concepts. The Missouri law cited throughout this article may not be the most up-to-date information available. It is always advised
Business and Commercial Litigation Litigating a business dispute can often get messy. In many instances businesses or commercial entities litigate over disputes or issues that often arise from the obligations or duties set forth in the contract between the parties. These contracts often involve a lot of money, and in many cases a number of
A mechanic’s lien must be filed within the time prescribed by statute, or it will not be valid. So, how long does a contractor performing work in Missouri have to file a mechanic’s lien? R.S.Mo. § 429.080 governs the time in which a mechanic lien must be filed and states, in pertinent part, that it
In the late 70’s and 80’s, there were a number of cases that came down addressing and analyzing a situation where tenants entered into a contract for improvements to the real property and subjected, or almost subjected (depending on how the court ruled), the landlord’s property to a mechanic’s lien. The analysis at that time
Unlawful Act or Practice Definition Authority Deception “Deception is any method, act, use, practice, advertisement or solicitation that has the tendency or capacity to mislead, deceive or cheat, or that tends to create a false impression.–Reliance, actual deception, knowledge of deception, intent to mislead or deceive, or any other culpable mental state such as recklessness
For additional information regarding Missouri Mechanic’s Liens click here. TIMING Must be filed within six months after the indebtedness accrues Indebtedness accrues on the last day work is performed “A subcontractor cannot, after the termination of an account, extend the mechanic’s lien filing time by rectifying some fault of his in performing the contract.” S
