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Construction glossary

What is Capitalize?

Capitalize is a term used across various industries, including the construction industry, generally referring to the practice of funding projects with capital or money. In construction, to capitalize means to finance the project's expenses, such as materials, labor, machinery, and other costs, through capital. It involves converting expenses into assets that will contribute to a project’s long-term value. It's essential in construction project management as it is associated with acquiring funds to cover the infrastructure's total construction costs. A capitalized construction project implies that the costs will be spread out over the life of the project, not just in the construction phase. It's a crucial concept for construction companies as it significantly impacts their financial plans, resources allocation, and revenue recognition.

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Other construction terms

Pay-if-Paid Clause

What is a Pay-if-Paid Clause?

A Pay-if-Paid Clause is a contractual agreement prevalent in the construction industry. Generally, this clause can be found in subcontracts between the General Contractor(GC) and their subcontractors. According to the clause, the GC is not obliged to pay the subcontractors unless and until they themselves have received full payment from the project owner. Therefore, it effectively transfers the risk of the project owner's insolvency from the GC to their subcontractors. It serves as a protection for the GC against financial instability. This type of clause has its controversies, as some jurisdictions view it as unfair to subcontractors due to the assignment of financial risk.

Self-Perform

What is Self-perform?

Self-perform, in the context of the construction industry, refers to the ability of a construction company to use its own workforce to accomplish certain specific tasks or projects, rather than outsourcing or subcontracting to external teams or entities. By opting to self-perform, the company can have direct control over the quality of work, project timeline, cost management, and overall productivity. For example, a construction firm may choose to self-perform tasks like concrete placement, plumbing, electrical work, and roofing operations, maintaining stringent quality standards all along. However, it is essential for companies undertaking self-perform tasks to have skilled and trained personnel who can efficiently execute the work. To sum up, self-perform allows construction firms to maintain better control over the project while potentially saving costs and enhancing efficiency.

Unconditional Lien Waiver

What is an unconditional lien waiver?

An unconditional lien waiver in the construction industry is a signed document from a contractor, subcontractor, materials supplier, laborer, or other party involved in a construction project, which gives up their right to place a lien on the property unconditionally, typically after they have received full or partial payment for their work or materials. It serves as a guarantee to the property owner that they will not face a lien, or legal claim against their property, for this party's unpaid work or supplies, regardless of whether the party is subsequently paid in full or not.

Unconditional waivers come in two forms, tied to when you're billing:

  1. Unconditional progress waiver: Submitted after you've been paid for a progress billing period. It waives your lien rights for the work covered by that payment.
  2. Unconditional final waiver: Submitted after you've received full and final payment, including retainage. It waives all your lien rights for the entire project.

Unlike a conditional waiver, an unconditional waiver takes effect the moment you sign it—whether or not the money has actually arrived. That makes timing critical: never sign one until the payment has cleared your account, or you'll have given up your lien rights with no guarantee of getting paid.

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