Mechanic’s liens are without a doubt a subcontractor’s best collection tool when there are payment problems. The sources of its power are (1) the risk that the property will be sold to satisfy the lien, (2) the threat that the owner, in order to prevent foreclosure, may have to pay the subcontractor even if the…

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Important Workshop

Given the negative impact on development that a new tax the Tax Cut and Jobs Act of 2017 placed on contributed utility infrastructure, the staff of the Missouri Public Service Commission is holding a workshop to address the tax, on July 19th, starting at 10 a.m. at Room 450 in the Governor’s Office Building, 200…

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Developers Beware

The Tax Cut and Jobs Act of 2017 has placed a tax on the utility infrastructure that you either install and contribute to investor owned utilities that serve your developments (known as contributions in aid of construction or CIAC) or the cash you pay to the investor owned utility to install that infrastructure (known as…

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Construction Loan Forum

    Big thanks to my colleague David Neiers on organizing today’s Sandberg Phoenix In-House Seminar on Construction Loans. I presented on mechanics lien requirement variations under Illinois and Missouri law. #SPvGToolbox By Quinn Murphy    

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Reminder to our Illinois Contractors and Sub-Contractors who hire sub-sub-contractors:

Any Illinois contractor or sub-contractor who has construction services performed for it by an individual, sole proprietorship or partnership that is not an employee of the contractor or sub-contractor must file a report by April 30, 2018 with the Illinois Department of Labor. The report must include the following Information: Contractor’s (or sub-contractor’s) name, address, business identification number;…

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A Good Foundation

Every contractor knows that a good foundation and building structure is essential to having a quality building. A poor beginning or lack of maintenance often spells trouble down the road. Among the basics when starting a construction business, an owner should determine what type of entity is best for liability protection purposes and for tax…

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Important Ruling on Mechanic’s Lien Deadline

On December 5, 2017, the Missouri Court of Appeals clarified a long-standing question as to when a mechanic’s lien action ‘commences’ pursuant to Missouri Revised Statutes § 429.170, which requires a lien claimant to file a petition to enforce its lien within six months of filing its lien claim. In Bray v.Sexton, et al., Cause…

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Very Timely Article by Dick Stockenberg on Contractor Lien/Bond Rights in Missouri

EITHER LIENS OR BONDS OR NEITHER A CRACK IN THE SEAMLESS CONTINUUM OF PAYMENT PROTECTION Richard A. Stockenberg The decision by the Supreme Court of Missouri in Brentwood Glass Company, Inc. v. Pal’s Glass Service, Inc.,  creates a crack in the seamless continuum of payment protection previously afforded to subcontractors on non-residential construction projects in…

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Subcontractors Beware:

An Illinois appellate court has held that buyers of residential property may maintain an action against subcontractors who provided labor in the construction of their home, if there is a defect in their home that makes it not suitable for its intended purpose as a residence. Sienna Court Condominium Ass’n v. Roszak/ADC, LLC, No. 122022,…

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