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Glossary
Construction Litigation
Construction Remedies and Security terms within construction litigation.
construction-litigation
A bond claim notice is the required communication preserving a claimant's right to recover under a payment bond.
A lien waiver releases lien rights in exchange for payment, executed conditionally or unconditionally.
Little Miller Acts require payment and performance bonds on state and local public construction projects.
A mechanics lien secures payment for labor and materials by encumbering the improved real property.
The Miller Act requires payment and performance bonds on federal construction contracts above a threshold.
A pay-if-paid clause makes the owner's payment to the general contractor a condition precedent to the subcontractor's right to payment.
A pay-when-paid clause delays a subcontractor's payment until the contractor is paid, without eliminating the obligation.
A payment bond guarantees payment to subcontractors and suppliers, providing recourse where lien rights are unavailable.
A performance bond guarantees completion of the contract work if the contractor defaults.
Prompt payment statutes impose deadlines for construction payments and penalties for unjustified withholding.
Retainage is a percentage of each progress payment withheld until the work is complete and accepted.
A stop notice directs an owner or lender to withhold construction funds to secure an unpaid claimant.
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