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Glossary

 

Managing Agent

Any employee of a contractor or subcontractor who has direction over or control of money held in trust.
Material Supplier
Any person who furnishes materials or supplies to be used or consumed in any work of improvement.
Mechanic's Lien
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can foreclose to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.
Mechanic's Lien Process
The basic aim of the lien process is straightforward. To provide a form of security for the payment of money owed to persons such as contractors, subcontractors, workers and material suppliers who add value to a building that is under construction.
rule
Miller Act
Federal bond statute requiring a payment and performance bond on all projects over $100,000. The Miller Act requires a contractor on a federal project to post two bonds: A Performance Bond and a Labor and Material Payment Bond. The surety company issuing these bonds must be listed as a qualified surety on the Treasury List, which the U.S. Department of the Treasury issues each year. This list is also known as the Circular 570. List of approved sureties: http://www.fms.treas.gov/c570/
MLBS
NACM’s Mechanics Liens & Bond Services brings best-in-class service options to today’s construction credit professional. References.
Mortgage
A loan in which the borrower puts up the title to real estate as security (collateral) for a loan. If the borrower doesn't pay back the debt on time, the lender can foreclose on the real estate and have it sold to pay off the loan.
Motion For Summary Judgment
A final decision by a judge that resolves a lawsuit in favor of one of the parties. A motion for summary judgment is made after discovery is completed but before the case goes to trial. The party making the motion marshals all the evidence in its favor, compares it to the other side's evidence, and argues that a reasonable jury looking at the same evidence could only decide the case one way--for the moving party. If the judge agrees, then a trial would be unnecessary and the judge enters judgment for the moving party.