Construction payment management system and method with automated electronic document generation features

• US 7,877,302 B2
• Filed: 09/14/2007
• Issued: 01/25/2011
• Est. Priority Date: 06/29/2004
• Status: Active Grant

• Current Assignee: Textura LLC (Oracle Corporation)
• Original Assignee: Textura LLC (Oracle Corporation)
• Inventors: Eichhorn, William H., Trisko, Michael, Allin, Patrick J., Niden, Howard L., Cherry, Charles C.
• Primary Examiner(s): Gart; Matthew S
• Assistant Examiner(s): GLASS, RUSSELL S
• Application Number:
  US11/901,196
• Publication Number:
  US 20080147468A1
• Time in Patent Office: 1,229 Days
• Field of Search: 705/14.1, 705/35, 705/38, 705/40
• US Class Current: 705/29
• CPC Class Codes: G06Q 10/0875 Itemisation or classification of parts, supplies or services, e.g. bill of materials
• CPC Class Codes: G06Q 20/10 specially adapted for electronic funds transfer [EFT] systems; specially adapted for home banking systems
• CPC Class Codes: G06Q 20/102 Bill distribution or payments
• CPC Class Codes: G06Q 30/00 Commerce
• CPC Class Codes: G06Q 30/04 Billing or invoicing
• CPC Class Codes: G06Q 40/00 Finance; Insurance; Tax strategies; Processing of corporate or income taxes
• CPC Class Codes: G06Q 40/03 Credit; Loans; Processing thereof
• CPC Class Codes: G06Q 40/04 Trading; Exchange, e.g. stocks, commodities, derivatives or currency exchange
• CPC Class Codes: G06Q 50/18 Legal services

Abstract

A system and method for managing a construction payment process. One method embodying the invention can include generating a budget for a construction project, receiving an invoice amount from at least one participant in the construction project, generating at least one of an automated invoice and an automated sworn statement based on the invoice amount and the budget, generating at least one automated lien waiver based on at least one of the automated invoice and the automated sworn statement, and electronically executing at least one of the automated invoice, the automated sworn statement, and the at least one automated lien waiver to create at least one of a legally-binding invoice, a legally-binding sworn statement, and a legally-binding lien waiver. Another method embodying the invention can include electronically receiving a lien waiver from a participant in a construction project, electronically transmitting payment to the participant in response to receipt of the lien waiver, and releasing the lien waiver in response to the payment.

Claims

1. A method of managing a construction payment process, the method comprising the acts of

establishing electronic communication between a payee device and a construction project management server, wherein the payee device is associated with a payee in a construction project;

generating a budget for a construction project and storing the generated budget on a computer-readable memory;

storing additional project information to the computer-readable memory, the additional project information relating to the construction project and participants associated with the construction project;

receiving, by the construction project management server, an invoice amount from the payee device;

in response to receiving the invoice amount, automatically generating, by the construction project management server, an invoice document and a lien waiver document based on the invoice amount, the stored budget, and the stored additional project information;

transmitting the lien waiver document to the payee through the payee device with a request for a signature;

electronically receiving a signed lien waiver document from the payee;

storing the signed lien waiver document to the computer-readable memory and temporarily preventing a payor from accessing the signed lien waiver document;

electronically transmitting a payment to the payee from the payor after receiving the signed lien waiver document and before transmitting the signed lien waiver document to the payor; and

electronically transmitting the signed lien waiver document to the payor only after the payment has been transmitted to the payee.

2. The method of claim 1 wherein the act of transmitting includes transmitting to a payment system an instruction to pay the payee.

3. The method of claim 2 wherein the act of electronically transmitting the signed lien waiver document to the payor includes receiving from the payment system an acknowledgement that the payee has received funds and substantially simultaneously transmitting the signed lien waiver document to the payor after receiving the acknowledgement.

4. The method of claim 2 wherein the act of electronically transmitting the signed lien waiver document to the payor includes receiving from the payment system an acknowledgement that the payee has received funds and transmitting the signed lien waiver document to the payor within thirty-one days after receiving the acknowledgement.

5. The method of claim 2 wherein the act of electronically transmitting the signed lien waiver document to the payor includes receiving from the payment system an acknowledgement that the payee has received funds and transmitting the signed lien waiver document to the payor at initiation of a subsequent draw.

6. The method of claim 2 wherein the act of electronically transmitting the signed lien waiver document to the payor includes receiving from the payment system an acknowledgement that the payee has received funds and transmitting the signed lien waiver document to the payor at submittal of a subsequent draw.

7. The method of claim 2 wherein the payment system includes at least one of an automated clearing house system, a wire transfer system, a debit card system, a credit card system, and a check generating system.

8. The method of claim 1 and further comprising the acts of receiving a plurality of signed lien waiver documents from a plurality of participants, storing each one of the plurality of signed lien waiver documents until all of the plurality of lien waivers are received, and transmitting an instruction to pay the plurality of participants when all of the plurality of signed lien waiver documents are received.

9. The method of claim 1 and further comprising the acts of receiving a plurality of signed lien waiver documents from a plurality of participants and transmitting an instruction to pay each one of the plurality of participants when each one of the plurality of signed lien waiver documents is received.

10. The method of claim 1 and further comprising the acts of receiving a plurality of signed lien waiver documents from a plurality of participants, storing each one of the plurality of signed lien waiver documents, transmitting a first instruction to pay at least one of the plurality of participants when at least one of the plurality of signed lien waiver documents is received, and transmitting a second instruction to pay at least one other of the plurality of participants when all of the plurality of signed lien waiver documents are received.

11. The method of claim 1 wherein the received signed lien waiver document corresponds to work performed for a current draw.

12. The method of claim 1 wherein the received signed lien waiver document corresponds to work performed for a prior draw.

13. The method of claim 1 and further comprising the act of electronically executing the lien waiver document.

27. The method of claim 1, wherein the budget includes a plurality of line item amounts and wherein the received invoice amount includes a reference to at least one line item in the budget.

28. The method of claim 27, further comprising verifying that the invoice amount is equal to the value of the at least one line item in the budget.

14. A construction payment management system comprising:

an application server including a processor and a memory, the memory storing an electronic holding bin and a draw module, the draw module including computer executable instructions that, when executed by the processor, cause the application server to

establish electronic communication between a payee device and the application server, wherein the payee device is associated with a payee in a construction project,

generate a budget for a construction project and storing the generated budget on the computer-readable memory,

store additional project information on the computer-readable memory, the additional project information relating to the construction project and participants associated with the construction project,

receive an invoice amount from the payee device,

in response to receiving the invoice amount, automatically generate an invoice document and a lien waiver document based on the invoice amount, the stored budget, and the stored additional project information,

transmit the lien waiver document to the payee through the payee device with a request for a signature,

electronically receive a signed lien waiver document from the payee,

store the signed lien waiver document to the electronic holding bin,

temporarily prevent a payor from accessing the signed lien waiver document,

electronically transmit a payment to the payee from the payor after receiving the signed lien waiver document and before transmitting the signed lien waiver document to the payor, and

electronically transmit the signed lien waiver document to the payor only after the payment has been transmitted.

15. The construction payment management system of claim 14 wherein the draw module transmits payment to the payee by transmitting to a payment system an automated instruction to pay the payee.

16. The construction payment management system of claim 15 wherein the draw module receives an acknowledgement from the payment system that the payee has received funds and substantially simultaneously transmits the signed lien waiver document to the payor after receiving the acknowledgement.

17. The construction payment management system of claim 15 wherein the draw module receives an acknowledgement from the payment system that the payee has received funds and transmits the signed lien waiver document to the payor within thirty-one days after receiving the acknowledgement.

18. The construction payment management system of claim 15 wherein the draw module receives an acknowledgment from the payment system that the payee has received funds and transmits the signed lien waiver document to the payor at initiation of a subsequent draw.

19. The construction payment management system of claim 15 wherein the draw module receives an acknowledgment from the payment system that the payee has received funds and transmits the signed lien waiver document to the payor at submittal of a subsequent draw.

20. The construction payment management system of claim 15 wherein the payment system includes at least one of an automated clearing house system, a wire transfer system, a debit card system, a credit card system, and a check writing system.

21. The construction payment management system of claim 14 wherein the electronic holding bin receives a plurality of signed lien waiver documents from a plurality of participants and stores each one of the plurality of signed lien waiver documents until all of the plurality of lien waivers are received and wherein the draw module transmits an automated instruction to pay the plurality of participants when all of the plurality of signed lien waiver documents are received.

22. The construction payment management system of claim 14 wherein the electronic holding bin receives a plurality of signed lien waiver documents from a plurality of participants and stores each one of the plurality of signed lien waiver documents and the draw module transmits an automated instruction to pay each one of the plurality of participants when each one of the plurality of signed lien waiver documents is received.

23. The construction payment management system of claim 14 wherein the electronic holding bin receives a plurality of signed lien waiver documents from a plurality of participants and stores each one of the plurality of signed lien waiver documents and the draw module transmits a first instruction to pay at least one of the plurality of participants when at least one of the plurality of signed lien waiver documents is received and a second instruction to pay at least one other of the plurality of participants when all of the plurality of signed lien waiver documents are received.

24. The construction payment management system of claim 14 wherein the electronic holding bin and the draw module receive and release the signed lien waiver document corresponding to work performed for a current draw.

25. The construction payment management system of claim 14 wherein the electronic holding bin and the draw module receive and release the signed lien waiver document corresponding to a current month'"'"'s work for a prior draw.

26. The construction payment management system of claim 14 and further comprising an electronic signature service to electronically execute the lien waiver document.

29. The construction payment management system of claim 14, wherein the budget includes a plurality of line item amounts and wherein the received invoice amount includes a reference to at least one line item in the budget.

30. The construction payment management system of claim 29, wherein the computer executable instructions, when executed by the processor, further cause the application server to verify that the invoice amount is equal to the value of the at least one line item in the budget.