Appendix A Check List: Practical Considerations
Library | Turner on Illinois Mechanics Liens (2016 Ed.) |
EDUCATING THE CLIENT BEFORE THERE IS A PROBLEM
A. Funding for the Job
1. Is there a construction loan and is it opened?
2. How are the funds to be disbursed?
a. By a title company?
b. By the lender?
c. By the owner or developer?
d. Through the general contractor?
B. Preconstruction Issues
1. Plans and Specifications
a. Do they include all that is required to complete the job?2. Making sure there is a Legally Enforceable Contract
b. Who is responsible for their completeness? Are they "scope" or "performance documents" leaving most of the responsibility for defining what is to be done to the contractor or subcontractor?
c. When are shop drawings and other submittals due, and what does approval of the documents by the architect or engineer actually mean?
a. Does the client have a complete contract or only a letter of intent?3. Reviewing the Contract or Subcontract
b. If there is no final contract, what kind of agreement is there covering work while the contract is being negotiated and finalized?
a. In General
(1) Is there a "flow down" clause?
(2) Who is responsible for plans and specifications?
...b. Clauses Directly Affecting the Right to Payment
(1) "Pay if paid"
(2) Insurance and bonds
(3) The Integration Clause
(4) Pay out procedures
i. Certifications required
ii. Waivers and sworn statements
iii. When is payment due?
iv. Who
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- Turner on Illinois Mechanics Liens
- Front Matter
- Acknowledgements
- Table of Contents
- Introduction
- Chapter I What Are the Elements of a Mechanics Lien? 770 Ilcs 60/1(a) and (b) Explained
- Chapter II Practical Considerations
- Chapter III Making a Lien Against Private Property Enforceable
- Chapter IV Filing Suit, Pleadings, Remedies, and Related Matters
- Chapter V Burden of Proof, Proof, Certain Defenses, and Damages
- Chapter VI Public Policy Issues
- Chapter VII Statutes of Limitation and Related Matters
- Chapter VIII Payouts, Waivers, Sworn Statements, Statutory and Constructive Trusts, and Wrongful Payments
- Chapter IX Liens on Public Funds and Claims Against Statutory Bonds
- Chapter X Bankruptcy and Mechanics Liens
- Appendix A Check List: Practical Considerations
- Appendix B Check List: Making a Lien Against Private Property Enforceable
- Appendix C Check List: Filing Suit, and Amendments to Pleadings
- Appendix D Check List: Proving a Mechanics Lien Claim
- Appendix E Check List: Liens on Public Funds and Claims Against Payment Bonds
- Appendix F Check List: Defendants
- Appendix G Check List: Owners and Lenders on Payouts
- Index
- About the Authors
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