Avoid these mechanics lien mistakes

Mechanics’ liens protect landscapers, construction companies, and many other businesses against the risk of nonpayment. If a landowner refuses to pay for improvements made to their property, the business can often file a lien on the property. Filing a lien frequently incentivizes payment. If the landowner still doesn’t pay after the lien is filed, the business can foreclose on the lien.

However, the Minnesota lien process is very specific, and certain mistakes can prevent you from being able to record or enforce a lien. Keep reading to avoid the following mistakes:

Not realizing that you can file a […]

Employee vs. Independent Contractor: Worker Classification Rules

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Many businesses try to hire “independent contractors” by issuing IRS Form 1099 and signing independent-contractor agreements. Unfortunately, these steps don’t guarantee that workers are legitimate subcontractors or independent contractors. Instead, federal and state guidelines generally focus on the worker’s job duties in order to determine the appropriate classification.

Each state can create additional rules and regulations pertaining to worker classification. Check with your state labor department for clarification on state-specific rules. However, the federal government’s guidelines, described below, generally provide enough clarity to determine proper worker classification.

Federal guidelines 1: IRS

The IRS […]

5 clauses that should be in every landscaping contract

“Will you look at my contracts and make sure they are good?” Our attorneys hear this frequently from contractors. So what does a good contract look like?

First, every contract is different. What works for some industries may not work in others. That said, several basic items should be addressed in every landscape installation contract.

Scope of Work. What will you be doing for the customer? What type of project is it? Be specific. The scope of work for each contract should be different and apply specifically to that customer and project. Let’s use a patio as […]

Lien Rights in Bankruptcy

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4th Circuit Case Looks at Perfecting Liens During Bankruptcy

Court finds that when a lien right arises pre-petition, the lien can be perfected despite the automatic stay. […]