Construction payment management system and method with lien waiver exchange features

• US 8,244,606 B2
• Filed: 01/24/2011
• Issued: 08/14/2012
• Est. Priority Date: 06/29/2004
• Status: Active Grant

• Current Assignee: Textura LLC (Oracle Corporation)
• Original Assignee: Textura LLC (Oracle Corporation)
• Inventors: Allin, Patrick J., Eichhorn, William H., Niden, Howard L., Cherry, Charles C., Trisko, Michael
• Primary Examiner(s): Glass, Russell S
• Application Number:
  US13/012,291
• Publication Number:
  US 20110125636A1
• Time in Patent Office: 568 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 including establishing electronic communication between a payee device and a construction project management server and transmitting a lien waiver document to the payee through the payee device with a request for a signature. A signed lien waiver document is received from the payee and stored to a computer -readable memory. The payor is temporarily prevented from accessing the signed lien waiver document. A payment is transmitted to the payee from the payor after receiving the signed lien waiver document, but before transmitting the signed lien waiver document to the payor. Only after the payment has been transmitted is the signed lien waiver document transmitted to the payor.

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;

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

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 a payment 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 transmitting the signed lien waiver document to the payor after receiving the acknowledgement.

4. 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.

5. 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.

6. 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.

7. The method of claim 1 and further comprising the act of generating the signed lien waiver document by electronically executing the lien waiver document.

8. 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.

9. The method of claim 8, further comprising verifying that the invoice amount is equal to the value of the at least one line item in the budget.

10. 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,

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,

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.

11. The construction payment management system of claim 10 wherein the draw module receives an invoice amount from the payee device;

and, in response to receiving the invoice amount, automatically generates an invoice document and the lien waiver document based on the invoice amount.

12. The construction payment management system of claim 11 wherein the memory stores additional project information including a budget, and wherein the draw module automatically generates an invoice document and the lien waiver document based on the additional project information.

13. The construction payment management system of claim 11 wherein the draw module transmits payment to the payee by transmitting to a payment system an automated instruction to pay the payee.

14. The construction payment management system of claim 13 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 after receiving the acknowledgement.

15. The construction payment management system of claim 13 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.

16. The construction payment management system of claim 10 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.

17. The construction payment management system of claim 10 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.

18. The construction payment management system of claim 10 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.

19. The construction payment management system of claim 10 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.

20. The construction payment management system of claim 10, 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.

21. A method of managing a payment process, the method comprising the acts of:

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

transmitting an unsigned lien waiver document to the payee through the payee device;

electronically receiving a signed lien waiver document from the payee;

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

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

allowing the payor electronic access to the signed lien waiver document only after the payment has been transmitted to the payee.