There's a lot to know about using mechanic's liens to ensure payment for a construction job - who is entitled to a lien, what types of labor, materials and services are lienable, how to craft construction contracts and more. And every step of the process is loaded with legal issues that can get downright sticky of not handled just right.

In "Using a Mechanic's Lien to Get Your Money-Mechanics Liens in Maine, New Hampshire and Massachusetts", you'll learn exactly what to do step-by-step and when to do it to get your money when a mechanic's lien claim applies. Get a clear picture of who's entitled to a mechanic's lien and what it covers early on to keep your rights from being lost forever. Avoid making careless errors when meeting deadlines that end up being fatal to your claim. From drafting airtight constrution contacts, liens and payment bonds to settling lien claims, this seminar will arm you with the practical information and legal know-how you need to create, perfect and enforce a mechanic's lien with new confidence.

1. Understand the Basics of Mechanic's Lien Law
2. Payment Bond Claims
3. Drafting Construction Contracts-Liens and Payment Bonds
4. Walk Through the Payment Process
5. Meeting Deadlines to Preserve Lien Rights
6. Avoid Complications When Filing Lien Claims or Notices
7. Enforce Your Lien and Put It To Work For You
8. Adhere to an Ethical Standard
9. Effectively Settle Lien Claims
10. Avoid Lien Claims Before They Arise

Continuing Education Credits:   

* denotes specialty credits

1. UNDERSTAND THE BASICS OF MECHANIC'S LIEN LAW
   9:00 - 9:30, Asha A. Echeverria
1. Mechanic's Lien - Defined in Simple Language
2. The Geographic Limitations of Mechanics Liens
3. Do You Really Know Who is Entitled to a Lien?
4. What Property the Lien Covers - in a Nutshell
5. Learn What Types of Labor, Materials, and Services Are Lienable
6. A Crash Course on Common Mechanic's Lien Terminology
2. PAYMENT BOND CLAIMS
   9:30 - 10:00, Asha A. Echeverria and Theodore A. Small
1. Federal Miller Act Claims – Who, When, Where and How
2. Littler Miller Acts
3. Private Jobs
4. Bond Defenses
3. DRAFTING CONSTRUCTION CONTRACTS—LIENS AND PAYMENT BONDS
   10:00 - 10:45, Arnold C. Macdonald
1. What “No Lien” Provisions Mean to a Contract
2. “Pay-When-Paid” and “Pay-If-Paid”
3. Contractual Risk Allocations for Liens and Bonds
4. WALK THROUGH THE PAYMENT PROCESS
   11:00 - 11:30, Michael R. Bosse
1. Strict Procedures for Applications for Payment
2. The Problems Surrounding Sworn Statements
3. Essential Elements of Lien Waivers as Part of The Payment Process—What Can be Withheld, Why and For How Long?
4. When You Can Stop Work and When You Can't
5. The Added Problems of Change Orders
5. MEETING DEADLINES TO PRESERVE LIEN RIGHTS
   11:30 - 12:00, Michael Hodgins
1. Know the Filing Deadlines in Your State
2. Starting the Process of Filing a Lien
3. Notice Provisions and Owner Defenses
4. How to Determine the Last Day of Work
5. Unusual Timing Situations and The Risks Attendant to Them
6. AVOID COMPLICATIONS WHEN FILING LIEN CLAIMS OR NOTICES
   1:00 - 1:30, Theodore A. Small
1. A Checklist of Information Required to File a Claim
2. Preparing Mechanic's Liens and Bond Claims
3. Elements of a Notice of Claim or Lien
4. Important Information a Title Search Will Reveal
7. ENFORCE YOUR LIEN AND PUT IT TO WORK FOR YOU
   1:30 - 2:15, George F. Burns
1. How Long You Have to Enforce a Lien
2. What Leverage You Have and Over Whom
3. When Foreclosure of Liens Must be Acted Upon
4. Who Has Priority Over the Lender and Other Lienors
5. What Happens if the Property Owner Files Bankruptcy
8. ADHERE TO AN ETHICAL STANDARD
   2:30 - 3:30, David P. Ray and Arnold C. Macdonald
1. Guard Against Hidden Conflicts of Interest
2. Sworn Lien Statements and Their Risks
3. Litigations and its Costs
4. Rules of Professional Conduct to Which You Must Adhere
9. EFFECTIVELY SETTLE LIEN CLAIMS
   3:30 - 4:00, David P. Ray
1. Factors For Owners, General Contractors, and Subcontractors
2. When Foreclosures or Other Judicial Process is Effective
3. Petitions to Release the Mechanics' Lien
10. AVOID LIEN CLAIMS BEFORE THEY ARISE
    4:00 - 4:30, Michael R. Bosse and Michael Hodgins
1. Using Project Management and Monitoring to Stay on Top of Payment Requests
2. Utilizing Contract Provisions to Minimize Claims
3. Using Partial and Final Releases to Your Advantage
4. How to Use Bid, Performance and Payment Bonds to Avoid Lien Claims

MICHAEL R. BOSSE is a shareholder with the law firm of Bernstein, Shur, Sawyer & Nelson, P.A. He is the chair of the construction law practice group and practices construction law in Maine, Massachusetts and New Hampshire. Mr. Bosse's litigation experience includes jury and non-jury trials, arbitrations, and mediations. He also has experience focusing on assisting construction entities on legal matters covering their day to day operations and the drafting of construction contracts for their projects. He is a frequent lecturer to construction companies, developers, subcontractors and suppliers on construction-related legal issues. Mr. Bosse earned his J.D. degree from the University of Maine School of Law and is a graduate of Bates College. Before joining Bernstein, Shur, Sawyer & Nelson, P.A., he served as a law clerk to the Honorable Robert W. Clifford, Associate Justice of the Maine Supreme Judicial Court. Mr. Bosse is a member of the American, New Hampshire, Cumberland County and Maine State bar associations.

GEORGE F. BURNS is a shareholder with the law firm of Bernstein, Shur, Sawyer & Nelson, P.A. He focuses on corporate and commercial law and litigation, with a particular concentration on construction contracts, business finance, securities, banking and commercial contracts. Mr. Burns earned his B.S. degree from Georgetown University and his J.D. degree from New York University. He has wide experience as an arbitrator and litigator of construction claims. Mr. Burns is admitted to practice in the states of Maine and New York, as well as numerous federal trial and appellate courts. He is listed in The Best Lawyers in America. Mr. Burns is a member of the Maine State, American (Business and Litigation sections) and Cumberland County bar associations, and the American Arbitration Association.

ASHA A. ECHEVERRIA is an associate in the law firm of Bernstein, Shur, Sawyer & Nelson, P.A. She is a member of firm's litigation and construction practice groups, and her practice focuses on general litigation and construction issues. Ms. Echeverria is a LEED Accredited Professional and a professional engineer (PE). Prior to law school, she designed and coordinated various construction and demolition projects, as well as transportation and highway safety projects. Ms. Echeverria earned her bachelor's degree, magna cum laude, from the University of Pennsylvania and her J.D. degree, cum laude, from The George Washington University Law School. While at The George Washington University Law School, she was a Thurgood Marshall scholar. Ms. Echeverria is admitted to practice in Maine and is a member of the Maine State Bar Association.

MICHAEL HODGINS is a shareholder practicing in the Augusta office of Bernstein, Shur, Sawyer & Nelson, P.A. He is a member of the construction law practice group, with an emphasis on construction claims and business litigation in state and federal courts. Mr. Hodgins has successfully represented contractors, subcontractors, and manufacturers in complex construction and commercial litigation. He earned his J.D. degree, cum laude, from the University of Maine School of Law and is a graduate of Dartmouth College. Mr. Hodgins is a member of the Maine State and Kennebec County bar associations, as well as the Maine Trial Lawyers Association and Association of Defense Trial Attorneys.

ARNOLD C. MacDONALD is a shareholder with the law firm of Bernstein, Shur, Sawyer & Nelson, P.A. and a member of the firm's construction, business law and real estate practice groups. He has more than 25 years experience in construction law in projects ranging from power plants, bridges, and sewer treatment plants to small residential matters. Mr. Macdonald managed the mechanics lien and collection portfolio of a major building materials supplier, and has represented owners, contractors, and designers in contract negotiations, dispute resolution and insurance claims. He also focuses his practice on corporate finance, mergers and acquisitions, and succession planning. Mr. Macdonald is listed in The Best Lawyers in America for construction and corporate law. He is a member of the Cumberland County, Maine State and American bar associations.

DAVID P. RAY is a shareholder with the law firm of Bernstein, Shur, Sawyer & Nelson, P.A. He concentrates in commercial litigation with an emphasis on construction-related claims, and insurance and surety matters. Mr. Ray has provided legal services to the construction industry for more than 30 years in all areas of construction law and has lectured on construction and litigation issues. He earned his B.A. degree, with high honors, from the University of Maine and his J.D. degree, cum laude, from Cornell University. Mr. Ray was formally staff counsel and assistant to U.S. Senator George J. Mitchell. He is a member of the Maine State, Cumberland County and American bar associations, and the Association of Trial Lawyers of America. Mr. Ray is listed in The Best Lawyers in America. He is admitted to practice in the federal and state courts of Maine.

THEODORE A. SMALL is a shareholder in the law firm of Bernstein, Shur, Sawyer & Nelson, P.A. He practices in the firm's litigation department and is a member of the firm's construction law practice group, with experience handling complex construction disputes, home construction contract claims and lien claims. Mr. Small earned his J.D. degree, summa cum laude, from the University of Maine School of Law. While in law school, he was case note and comment editor of the Maine Law Review, and was co-chair of the Maine Association of Public Interest Law. Mr. Small earned his bachelor's degree from the University of Maine and received a master's degree, with a certificate in political campaigning, from the University of Florida. Prior to joining Bernstein, Shur, Sawyer & Nelson, P.A., he worked for a political consulting firm in Washington, D.C. Mr. Small is admitted to practice in Maine and is a member of the Maine State Bar Association.

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