Getting paid on a construction project depends on contract terms, state prompt payment laws and mechanics' lien rules that differ from state to state. We review payment applications, retainage terms and lien waivers before you sign them, and help you understand the notices and deadlines that preserve lien rights where you work. When a payment dispute starts, you know what you have and what you have given up.
At a glance
- Practice
- Construction
- Pricing
- Flat fee, quoted before we start
- Included
- 6 deliverables
- Process
- 3 steps, one named attorney
- Where we work
- Slack, email or a call
When founders call us
The moments that usually bring a company to us for this work.
- 01
You have been asked to sign a lien waiver before a payment has cleared
- 02
Retainage is being held long after your work is complete
- 03
You are starting work in a state with preliminary notice requirements
- 04
A payment is late and you want to know your options before escalating
What you get
Scoped in writing before we start. One flat fee for all of it.
- Review of payment, retainage and final payment terms in your contract
- Review of lien waiver forms, including conditional and unconditional versions
- Summary of the project state's lien notice and filing deadlines
- Notes on prompt payment statutes and retainage limits that may apply
- Payment demand letter where the contract supports one
- Notes on payment bond claims for bonded or public projects
How it works
- 1
Intake
You send the contract, payment records, the waiver forms and the project location.
- 2
Analysis
We review the documents against the state's lien and payment rules and note the deadlines.
- 3
Delivery
You receive an attorney-reviewed summary, marked-up waivers or a demand letter, as needed.
Mistakes we help you avoid
The ones we see most often, and catch before they cost you.
- Avoided
Signing an unconditional lien waiver before the matching payment has actually been received
- Avoided
Missing a preliminary notice that some states require to preserve lien rights
- Avoided
Letting a lien filing deadline pass while negotiating a late payment
- Avoided
Assuming mechanics' liens apply on public projects, where bond claims are usually the remedy instead
Payment Terms, Retainage & Lien Waivers: questions founders ask
A conditional waiver generally takes effect only when the stated payment is actually received. An unconditional waiver takes effect when signed, whether or not you were paid. Several states require specific statutory forms, so the exact wording matters.
It depends on the state, your role on the project and sometimes the type of property. Deadlines are often measured from your last day of work or from project completion, and some states also require earlier preliminary notices. Check the rules for the project state as soon as you start work.
Many states cap retainage percentages or set deadlines for releasing it, particularly on public projects, and some require it to be held in a separate account. Private project rules vary widely. We check the rules that apply to your project.
Generally no. Public property usually cannot be liened, and contractors and suppliers rely instead on payment bonds required under the federal Miller Act or state equivalents. Those bond claims have their own notice deadlines.
Get a flat-fee quote for Payment Terms, Retainage & Lien Waivers.
A short call with an attorney. You leave with a written scope and one fixed price.
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