Construction payment management system and method
System and method for managing a construction payment process. One method embodying the invention can include allowing a participant to receive a payment associated with a project by accessing registration information. A method can include generating a real-time notification of a draw. Another method can include generating an automated invoice including one or more line items. Still another method can include automatically generating a sworn statement including dollar amounts from automated invoices. Yet another method can include receiving an acknowledgement that a participant has received funds and substantially simultaneously releasing a lien waiver. Another method embodying the invention can include reconciling a primary budget and secondary budgets including line items before administering a draw.
Priority is claimed under 35 U.S.C. §119 to U.S. Patent Application Ser. No. 60/583,782 filed Jun. 29, 2004.
BACKGROUND OF THE INVENTIONResidential and commercial construction projects require several organizations to communicate with one another in order to distribute payments. A conventional construction payment management process begins with a verbal notification that a draw from the construction loan or the property owner's account will take place. The general contractor (GC) of the construction project notifies subcontractors (or any other person, firm, or corporation engaged by the GC, such as material suppliers) of the draw by telephone, fax, or at a meeting. The subcontractors prepare invoices and send them to the GC by mail, fax, hand delivery, or at a meeting with the GC. The GC and the subcontractors often must negotiate the final invoice dollar amount by telephone or at meetings. The GC confirms the invoices, enters the details into a GC project accounting system, and prepares its own invoice.
Once the invoices are complete, the GC also manually prepares a sworn statement. In the sworn statement, the GC confirms that the subcontractors engaged by the GC have performed particular services in the construction or repair of the property. In the sworn statement, the GC also confirms the dollar amount entitled to each subcontractor.
The GC forwards the executed sworn statement to the title company and the construction loan lender and/or the property owner. The lender, the property owner, or the title company notifies an inspector that an inspection of the property must be performed and sends the sworn statement to the inspector. The inspector assembles the previous inspection reports for the property. The inspector performs the new inspection and manually prepares an inspection report. The inspector distributes the inspection report to the lender, the property owner, and/or the title company by fax, mail, or hand delivery.
The lender, the property owner, and/or the title company receives the sworn statement and the inspection report by mail, fax, hand delivery, or at a meeting with the GC and/or the inspector. The lender, the property owner, and/or the title company must retrieve the previous draw and project documentation. The lender, the property owner, and/or the title company often must negotiate the payment amounts and project details with the GC by telephone, fax, or at a meeting. The lender, the property owner, and/or the title company approves the sworn statement and communicates the approval by telephone, fax, or at a meeting. The lender or the property owner then approves the disbursement of the dollar amount specified in the sworn statement.
The construction loan lender or the property owner's bank generally transfers the funds necessary to pay all of the subcontractors to an escrow account. Often the title company then disburses the funds from the escrow account to the GC. The GC and/or the title company prepares checks for the subcontractors. At this time, the subcontractors generally complete lien waivers for the previous draw of funds from the construction loan or for the work completed during the previous month. As a result, the lien waivers for the current draw or the current month are not actually released until a subsequent draw is made from the construction loan or until the next month. In addition, subcontractors may have their own subcontractors that they must pay after receiving payment from the GC.
The conventional construction payment process can take 90 days or longer from the date of the verbal draw notification to the date the subcontractors actually receive payment. The conventional construction payment process generally involves unreliable verbal notification of events upon which movement of the process is contingent. For example, if one subcontractor is unavailable to prepare an invoice or submit a lien waiver, the payment process for all of the other subcontractors can be delayed.
The conventional construction payment process also involves enormous amounts of data entry. For example, for a single large construction project, a GC often must enter hundreds of invoices into its accounting system each month. Also, a GC must gather hundreds of lien waivers each month. In addition, a GC must prepare, approve, sign, and distribute hundreds of checks to subcontractors each month. Further, a GC must store all of the paper documents collected during each draw process. The timing of the draw notifications, the approvals, and the exchanges of lien waivers for payment requires hundreds of faxes, phone calls, and meetings each month.
SUMMARY OF THE INVENTIONEmbodiments of the invention provide a system and method for managing a construction payment process. One method embodying the invention can include receiving registration information for a participant, storing the registration information, and transferring to the participant a payment associated with a construction project by accessing the registration information.
A construction payment management system embodying the invention can include an application server that stores an organization module and a database management system, the organization module receiving organization registration information for a participant. The system can also include a database server connected to the database management system, the database server storing the organization registration information, the database management system accessing the organization registration information in order to transfer to the participant a payment associated with a construction project.
Another construction payment management system embodying the invention can include an application server that stores an organization module and a database management system, the organization module receiving organization registration information from a participant. The system can also include a database server connected to the database management system, the database server storing the organization registration information, the database management system accessing the organization registration information in order to transfer to the participant a payment associated with a construction project.
One method embodying the invention can include establishing communication with a plurality of participants in a construction project, generating a notification of a draw, and electronically transmitting in real-time the notification to the plurality of participants.
Another system embodying the invention can include an application server that stores a notifications manager and a draw module, the notifications manager and the draw module generating a notification of a draw, the notifications manager electronically transmitting in real-time the notification to a plurality of participants.
Some embodiments of the invention include generating a budget for a construction project, and generating at least one automated invoice, an automated sworn statement, and at least one automated lien waiver based on the budget.
One embodiment of the invention includes receiving at least one invoice from at least one subcontractor, and automatically generating a sworn statement of a general contractor including a dollar amount from each one of the at least one invoices.
Still another system embodying the invention can include an application server that stores a budget module and a draw module, the budget module generating a budget for a construction project, the draw module generating at least one automated invoice, an automated sworn statement, and at least one automated lien waiver based on the budget.
Another method of the invention includes receiving a lien waiver from a participant in a construction project, storing the lien waiver, transmitting to a payment system an instruction to pay the participant, and receiving from the payment system an acknowledgement that the participant has received funds and substantially simultaneously releasing the lien waiver.
Yet another method of the invention includes receiving a lien waiver from a participant in a construction project, and transmitting to a payment system an instruction to pay the participant and substantially simultaneously releasing the lien waiver.
Still another system embodying the invention includes an application server storing an electronic holding bin and a draw module, the electronic holding bin receiving and storing a lien waiver from a participant in a construction project, the draw module transmitting to a payment system an instruction to pay the participant, the draw module receiving from the payment system an acknowledgement that the participant has received funds and substantially simultaneously releasing the lien waiver.
Still another method of the invention includes creating a primary budget for a construction project including at least one secondary budget from at least one of a general contractor, at least one subcontractor, and at least one material supplier, the at least one secondary budgets each including at least one line item; and reconciling the primary budget and the at least one secondary budget including the at least one line item before administering a draw.
Software embodying the invention can include a project module for creating and managing a project, a budget module for creating and maintaining a budget for the project and a draw module for creating, scheduling, and managing draws for the project based on the budget.
A graphical user interface embodying the invention can include at least one of a project schedule progress bar, a funds disbursed progress bar, and a percent complete progress bar, the project schedule progress bar indicating progress with respect to calendar dates, the funds disbursed progress bar indicating progress with respect to a budget dollar amount, and the percent complete progress bar indicating progress with respect to a percentage of work completed on a construction project.
DESCRIPTION OF THE DRAWINGS
Before any embodiments of the invention are explained in detail, it is to be understood that the invention is not limited in its application to the details of construction and the arrangement of components set forth in the following description or illustrated in the following drawings. The invention is capable of other embodiments and of being practiced or of being carried out in various ways. Also, it is to be understood that the phraseology and terminology used herein is for the purpose of description and should not be regarded as limited. The use of “including,” “comprising” or “having” and variations thereof herein is meant to encompass the items listed thereafter and equivalents thereof as well as additional items. The terms “mounted,” “connected” and “coupled” are used broadly and encompass both direct and indirect mounting, connecting and coupling. Further, “connected” and “coupled” are not restricted to physical or mechanical connections or couplings, and can include electrical connections or couplings, whether direct or indirect. Also, electronic communications and notifications may be performed using any known means including direct connections, wireless connections, etc.
It should be noted that a plurality of hardware and software based devices, as well as a plurality of different structural components may be utilized to implement the invention. Furthermore, and as described in subsequent paragraphs, the specific configurations illustrated in the drawings are intended to exemplify embodiments of the invention and that other alternative configurations are possible.
The application server 12 can store and provide access to a project module 28, a form-handling module 30, a permissions and authorizations engine 32, a database management system 34, a budget module 36, an access manager 38, a notifications manager 40, an organization module 42, a draw module 44, a contracting module 46, a change order module 48, a user module 50, a system environment manager 52, and an electronic holding bin/escrow 54. The draw module 44 can include a core module 56, an inspection module 58, and a draw approval module 60. The system environment manager 52 can include a report generator 62, a help module 64, and a system maintenance module 66. The electronic holding bin/escrow 54 can store one or more lien waivers 68. It should be understood that the components of the application server 12 could be combined in a different manner than as shown and described with respect to
The application server 12 can be connected to the database server 14, the application logic module 16, and the verification service 22. However, in some embodiments, the verification service 22 may only be connected to the network 20. The application logic module 16 can be connected to the web server 18 or, in some embodiments, directly to the network 20. The web server 18 can be connected to the network 20.
The participants 24 can include a property owner 70 (and/or the owner's representative 72), a general contractor (GC) 74, an inspector 76, one or more subcontractors (Subcontractor A 78, Subcontractor B 80, etc.), one or more material suppliers 82, one or more lenders 84 (and/or one or more loan officers 86), one or more title companies 86, and one or more architects 88. The participants 24 can also include one or more interior designers (and/or furniture manufacturers) and one or more real estate owners (i.e., the land owner who sells the construction site to the property owner 70). The participants 24 can include organizations and/or individuals that are either considered “above the line” (i.e., higher in the construction process than the GC) or “below the line” (i.e., employed by the GC). Participants 24 above the line can include lenders, architects, interior designers, property owners, property owners' representatives, title companies, and real estate owners. Participants 24 below the line can include subcontractors and material suppliers. The CPMS 10 can be used to facilitate the construction payment process between any of these types of participants 24, whether above or below the line of the GC. The CPMS 10 is often described herein as being used to facilitate payment between a GC and subcontractors. However, it should be understood that the CPMS 10 can be used to facilitate payment between any type of participant, not only between a GC and subcontractors.
In addition to classifying participants as being above or below the line of the GC, costs associated with the construction process can be classified as “soft” costs or “hard” costs. Soft costs can include inspector fees, architect fees, interior design fees, title company fees, permit fees, utility bills for the property during the construction process, furniture costs, audio/visual equipment, computers, etc. Hard costs can include all the costs incurred by the organizations or individuals employed by the GC, including all costs for subcontractors and material suppliers employed by the GC. Each construction project can include an overall budget (from the owner's perspective) that includes all of the soft and hard costs. Each construction project can also include a GC budget. The CPMS 10 can be used to facilitate all the payments made within the overall budget and the GC budget. However, in some embodiments of the invention, the CPMS 10 can be used only to facilitate payment of the hard costs managed by the GC (i.e., only the GC budget). It should be understood by one of ordinary skill in the art that the CPMS 10 can be used to facilitate payment for only hard costs by the GC, only soft costs by participants above the line of the GC, or a combination of hard and soft costs by participants above and below the line of the GC. The CPMS 10 is often described herein with respect to hard costs, but can also be used for soft costs or a combination of hard and soft costs.
Each one of the participants 24 can be connected to the payment system 26; however, some of the participants 24 may not be connected to the payment system 26 in some embodiments of the invention. In some embodiments, the payment system 26 can include an ACH system with one or more originating depository financial institutions (ODFI) and one or more receiving depository financial institutions (RDFI).
The participants 24 can access the application server 12 in order to use the various modules, managers, and engines to perform construction payment management methods according to several embodiments of the invention.
In some embodiments, the CPMS 10 can connect all project participants to a substantially uniform, web-based, real-time system, can organize the budgeting for the construction project, can facilitate the electronic submission and approval of invoices, and can automate and streamline the payment and lien waiver release process through the use of electronic payments and production of the matching electronic lien waiver releases.
While there can be variations in details (for instance, in a publicly financed project, initiation and oversight of the project might be done by a surety bond issuer, rather than a bank), one embodiment of the CPMS 10 can be used as follows. A loan officer can sign on to the Internet and enter the CPMS web site. After a security clearance, the loan officer can enter the lender's portfolio and access a series of screens to create a new project by entering all of the project details. The loan officer can include details of the participants for each project, for example, the owner, architect, general contractor and title insurance company. Each participant can receive email notification of their involvement in the project and can verify their profile details. The GC can add subcontractors and material suppliers. The subcontractors and material suppliers can receive notification that they have been added to the project and can go through the security and verification process. The GC can select the number of draws and the draw dates for the project. The CPMS 10 can notify participants of a pending draw date in real-time. Each participant can complete their draw request form by entering their material and labor invoice details. The GC can review the draw requests and authorize them, and the CPMS 10 can generate the sworn statement. A series of project site inspections, approvals, completion of lien waivers, generation of statements, etc. can follow, all of which can be prompted by the CPMS 10 through email notifications in real-time. Once all forms have been completed and verified, the CPMS 10 can facilitate payments. The payments can be deposited directly into a participant's banking account via an electronic payment system. This process can be repeated for all draws. The project budget can be kept in balance through the completion of pay outs, collection of lien waivers, and approved inspections. Project progress can be tracked through the CPMS 10 via graphical progress indicators.
The CPMS 10 can include the following features: one time registration of participating organizations into the CPMS 10; real-time notification of a draw; automated invoice generation; automated sworn statement generation; automated lien waiver generation; coordinated payment/lien waiver release; and direct distribution of funds to participating organizations.
The one-time registration of participating organizations into the CPMS 10 can lower the cost of participating in the service because the participant has to register only once. The one time registration also lowers the number of potential errors because the entry only has to be done once. This makes it more likely that potential participants will in fact participate and when they do that they will have a good (error free) outcome. The one-time registration helps ensure that a party wishing to be a participant in the process and the online community using the process, only needs to register once to be able to participate in any of the projects whose payments are executed through the CPMS 10. The CPMS 10 can improve the efficiency of the registration of participating organizations into the construction payment process by creating a durable community which facilitates the process of participating on multiple projects over time by capturing organization and individual information once. The method allows organizations to be registered as a potential participant in any project that is being initiated by a member of the community of businesses using the CPMS 10. In addition to its value in participating in multiple projects, the one-time registration is also valuable for participants to access information regarding multiple GC's, owners, lenders, subcontractors, etc. For example, the one-time registration gives owners, lender, and GC's the opportunity to learn about new subcontractors through the CPMS 10. Also, an owner that has several projects pending each with different GC's can access information about each individual GC.
The real-time notification of the draw helps ensure that all participants in a draw are: 1) notified in a timely and uniform way; and 2) provided with a template to provide the information necessary to be paid. The CPMS 10 helps to eliminate the errors (not getting notified or mistaking which project the request is coming from) that delay the payment process. The CPMS 10 improves the efficiency of the real-time notification of the draw process by giving the GC the option of maintaining the schedule of draws on the CPMS 10, by reducing the effort of notifying the participants in the draw, by automating the process of building the list of participants for a draw, by automatically notifying draw participants of the draw once it has been declared, by providing readily accessible links so that subcontractors can access the CPMS 10 to submit the documentation that is required by the draw.
The CPMS 10 can be used by an owner, owner's representative, lender, GC, or title company to create and maintain a project budget. As noted above, the project budget can include soft costs above the line of the GC, hard costs below the line of the GC, or a combination of hard and soft costs. Some embodiments of the CPMS 10 can also be used to create and manage change orders in which the budget is modified (generally by expanding the budget) and the modified budget is approved by the appropriate participants. The budget can include a total cost for the construction project, along with line item costs for each phase or job that must performed to complete the construction project. The CPMS 10 can structure the budget to facilitate the payment of subcontractors, to allow efficient progress tracking, and to allow automated invoicing.
The CPMS 10 can create automated invoices that correspond precisely to the overall project budget and that also correspond precisely to the lien waivers and sworn statements. The CPMS 10 creates automated invoices that are a snap-shot in time of the activity that has already occurred against the overall project budget. The CPMS 10 can be used to create automated invoices that correspond precisely to the line items in the overall budget. This results in invoices and reports that are consistent with the way in which the construction project is broken down for financial purposes, tracking purposes, etc. Using the CPMS 10, an invoice screen can be used to capture information necessary to create the invoice; however, not all of the information necessary to create the invoice must be re-entered, because the information can be gathered by referring to the overall project budget. This also guarantees that the invoices (and the G702/703 documents) will be consistent with the overall project budget and will be consistent between draws or between any other time periods (unless a participant such as the owner wants the invoices to change). The CPMS 10 can also be used to customize the automated invoices (or the G702/703 documents) according to the requirements of the lender, the owner, the owner's representative, the GC, etc.
The budget and the automated invoice can be used to uniformly collect and continually reference information that will be used throughout the construction payment management process. The information collected does not have to be re-entered again in the payment process helping to ensure that errors (either key-stroke or due to a misinterpretation of the data) are not introduced. In general, participants have visibility into the payment process conducted using the CPMS 10. This helps to lower the effort necessary to determine the project status and to understand what work each participant must to do to facilitate the payment process. It also helps to highlight organizations or individuals who may habitually cause delays or errors in the process, making it easier to correct the behavior or eliminate the participant. Accurate invoicing minimizes invoice review and issue resolution effort, promotes complete and accurate sworn statements, minimizes discrepancies between sworn statements and inspections, and enables timely payment. The CPMS 10 can improve the efficiency of several activities later in the construction payment process by capturing complete and consistent invoice information in a timely manner.
The CPMS 10 can be used to generate automated sworn statements and automated lien waivers. Using the CPMS 10, the GC knows who was notified of the draw and who has responded by providing an invoice. Once the invoices are approved by the GC (and any other participant above the line of the GC, such as the owner, the owner's representative, the lender, the title company, etc., that must approve the invoices), the CPMS 10 can use the approved invoices to automatically generate the sworn statement and the lien waivers. The CPMS 10 can automatically generate the sworn statement and the lien waivers from the invoices submitted by subcontractors and material suppliers, helping to ensure that no typographical errors will be introduced and that the sworn statement and lien waivers will only include line items that have been submitted by the subcontractors and material suppliers. The CPMS 10 can help reduce the risk of inaccuracies in the sworn statement and the lien waivers by drawing on the invoice details already stored in the system to automatically create the content of the sworn statement and the lien waivers. This processing helps eliminate errors that are possible due to nonstandard, inconsistent, and untimely invoices and typographical errors that can occur during transcription. Overall, this lowers the risk profile of the construction payment process by increasing the accuracy and timeliness of critical construction project information. The CPMS 10 can create the automated lien waivers according to the legal standards of the of the state in which the construction site is located.
The CPMS 10 can generate sworn statements that correspond precisely to the invoices. Invoices are often broken down by the type of work being performed (e.g., electrical, plumbing, etc.), while sworn statements are often broken down by the participant performing the work (e.g., GC, subcontractors, and material suppliers). The CPMS 10 can be used to ensure that the sum of the invoice amounts equals the total amount on the sworn statement. Also, the CPMS 10 can also be used to ensure that the amounts on the lien waivers equals the amounts on the invoices, because the information for the automated lien waivers is gathered from the approved invoices that have been stored in the CPMS 10. In addition, the lien waivers will be consistent with the sworn statement because the sworn statement was also generated by the CPMS 10 using the information from the approved invoices. This is particularly valuable when GC's and subcontractors (or owners, lender, and GC's) have disputed the invoice amount and have negotiated a final amount over a period of time. The final amount will be reflected in the automated and approved invoice that is stored in the CPMS 10 and used to generate the lien waivers and sworn statement. The CPMS 10 assures that only the approved invoice amount will be reflected in the lien waiver and sworn statement documents. By also using the stored budget as a framework for all automated documents, the CPMS 10 further assures that the invoices, lien waivers, and sworn statements will be precise and consistent. The CPMS 10 can also be used to customize the sworn statements and lien waivers based on the requirements of the lender, the owner, the owner's representative, the GC, etc.
The CPMS 10 also helps improve the efficiency of generating sworn statements and lien waivers by migrating storage of the invoice, sworn statement, and lien waiver documents to an electronic medium, reducing the time and effort necessary to store and access them. This improves the overall efficiency of the construction payment process by making these documents available to authorized parties needing them to carry out their responsibilities. The database of the CPMS 10 can store a library of electronically signed invoices, sworn statements, and lien waivers. If necessary, participants can use the CPMS 10 to generate hard copies of any of the electronically signed documents.
In one embodiment, the CPMS 10 can create the automated invoices, sworn statement, and lien waivers once all information has been entered and all issues have been resolved. In other embodiments, the CPMS 10 can create the automated invoices first, ensure the invoices are approved, create the automated sworn statement second, ensure the sworn statement is signed, and create the automated lien waivers third.
Once all of the information (invoices, inspection reports, banking information, etc.) has been entered and all issues have been resolved, the owner, the owner's representative, the lender, the title company, or the GC can pay the participants in the draw. The sub-contractors, material suppliers, or any other participants can provide their lien waivers in exchange for payment. The CPMS 10 can organize this process and can automatically execute the exchange without risk that either party will do their part without the other doing theirs. The CPMS 10 also helps eliminate the need for expensive and time consuming in-person meetings to affect the exchange of lien waivers for payment. The CPMS 10 (which rigorously tracks the documents) also helps to ensure that all of the lien waivers are collected. This reduces the risk that bad record keeping will result in lien waivers that have not been released at the conclusion of the construction project. The CPMS 10 can improve the efficiency of the payment/lien waiver release process by implementing the method in a network-enabled computer system. This allows all parties to securely prepare both payment and lien waiver release in a trusted environment. The CPMS 10 facilitates an efficient exchange of payment for lien waiver, because the CPMS 10 allows both the payment and lien waiver to be staged in preparation for an automated exchange thereby reducing the risk associated with the project. The GC can be assured that it will receive the appropriate lien waivers coincident with payment, and the subcontractors do not bear the risk associated with lengthy delays in payment.
The CPMS 10 can facilitate an exchange of lien waivers and payment instructions. In some embodiments, the CPMS 10 can release the lien waiver(s) substantially simultaneously with an acknowledgement from the payment system 26 that the participant(s) have received payment. The term “substantially simultaneously” as used herein and in the appended claims includes any time period less than the time necessary to request, process, and transfer funds with an automated clearing house (ACH) payment (which can take up to about 72 hours). For example, the “substantially simultaneously” release of lien waivers can include an immediate release of lien waivers, a release of a batch of lien waivers at the end of a business day, or a release of lien waivers after the typical time period that it takes to transfer funds via an ACH system. In one embodiment, the CPMS 10 can receive and store the lien waivers in the electronic holding bin/escrow 54 until all lien waivers from the participants in the draw have been received. Once all the lien waivers have been received, the CPMS 10 can send instructions for the payment system 26 to transfer funds to each participant in the draw. For example, once all the subcontractors electronically sign and submit their lien waivers to the CPMS 10, the CPMS 10 can instruct the payment system 26 to pay each subcontractor. The CPMS 10 can release the lien waivers either when the payment instruction is transmitted to the payment system 26 or only after receiving an acknowledgement that the participants have actually received funds.
If the payment system 26 includes an ACH system, the payment instructions are generally processed in batches so that the participants will not receive the funds immediately. In an ACH system, the payment instruction can generally be returned by the RDFI during a 48 hour period. During this 48 hour period, the RDFI can notify the CPMS 10 and the ODFI that the funds cannot be transferred (e.g., due to insufficient funds, an invalid account number, etc.). After this 48 hour period, the CPMS 10 can assume that the RDFI has processed the payment instruction if the CPMS 10 has not been notified otherwise. The ODFI generally has a 24 hour front window to collect the payment instructions from the RDFI and to release payment to the accounts of the participants in the draw. As a result, it can take about 72 hours from the time the CPMS 10 transmits the payment instructions until the ODFI transfers funds into the accounts of the participants.
In some embodiments, the CPMS 10 can flag certain participants to remove those participants from the batch processing of the ACH system and can pay those participants separately by another method, such as by a direct wire transfer of funds or another immediate type of electronic funds transfer. In other embodiments, most participants can be paid by an immediate type of electronic funds transfer (such as a direct wire transfer), but some participants can be combined for one or more ACH batch transfers. In still other embodiments, the CPMS 10 can transmit each payment instruction to the payment system 26 as the CPMS 10 receives each lien waiver from each participant and funds can be transferred immediately to the participant from which the lien waiver was received. In general, the CPMS 10 can group the payment instructions in any suitable manner and can use any suitable type of payment method.
In each embodiment of the invention, the CPMS 10 can establish a connection between the current lien waiver and the current payment corresponding to the current draw, rather than exchanging the previous lien waiver for the current payment of the current draw. For example, the CPMS 10 can release the lien waiver for the current month for the current draw, rather than releasing the lien waiver for the previous month for the current draw. In this manner, the subcontractor is not exposed to liability if the CPMS 10 releases its lien waiver before payment is made, and the owner (or GC, title company, lender, etc.) is not exposed to liability if the CPMS 10 makes payment before the lien waivers are released.
Rather than paying the GC who pays its subcontractors who then pay their subcontractors, participants in the CPMS 10 can be paid directly using the an electronic distribution of funds (e.g., any suitable type of EFT, ACH, or wire transfer of funds). This speeds up the payment process (lowering costs) and reduces the risk that parties (in the hierarchy) will not be paid. The direct distribution of funds is made possible by the CPMS 10 being used to collect all of the information that is necessary to make payments. The information collected using the CPMS 10 can be trusted, because of the rigor with which the methods can be implemented with software. As a result, the direct distribution of funds can be efficient (no reworking or reentry of information necessary) and error free. The CPMS 10 can improve the efficiency of the subcontractor/material supplier payment process by reducing the elapsed time necessary to complete the payment process. The CPMS 10 can reduce transaction costs by replacing a hierarchical payment process with direct payments, while improving fiscal and management control. The CPMS 10 can replace the use of checks by an electronic transfer of funds, reducing communications costs and improving visibility into the status of payments and reducing the risk of untimely or incomplete payment to all parties involved in the construction process (especially those lower on the supply chain).
It should be understood by one of ordinary skill in the art that embodiments of the invention can be implemented using various computer devices, such as personal computers, servers, and other devices that have processors or that are capable of executing programs or sets of instructions. In general, the invention can be implemented using existing hardware or hardware that could be readily created by those of ordinary skill in the art. Thus, the architecture of exemplary devices has not always been explained in detail, except to note that the devices will generally have a processor, memory (of some kind), and input and output applications. The processor can be a microprocessor, a programmable logic control, an application specific integrated circuit, or a computing device configured to fetch and execute instructions. In some cases, the devices can also have operating systems and application programs that are managed by the operating systems. It should also be noted that although the control systems 40 and 80 are shown connected in a network, no specific network configuration is implied. One or more networks or communication systems, such as the Internet, telephone systems, wireless networks, satellite networks, cable TV networks, and various other private and public networks, could be used in various combinations to provide the communication links desired or needed to create embodiments or implementations of the invention, as would be apparent to one of ordinary skill in the art. Thus, the invention is not limited to any specific network or combinations of networks.
Various features and advantages of the invention are set forth in the following claims.
Claims
1. A method of managing a construction payment process, the method comprising the acts of:
- receiving registration information for a participant;
- storing the registration information; and
- transferring to the participant a payment associated with a construction project by accessing the registration information.
2. The method of claim 1 and further comprising the act of receiving registration information for a participant including at least one of an owner, an owner's representative, a title company, a lender, an architect, an interior designer, an inspector, a general contractor, a subcontractor, and a material supplier.
3. The method of claim 1 and further comprising the act of receiving registration information for at least one user associated with the participant.
4. The method of claim I and further comprising the act of registering a first user associated with the participant and deeming the first user the administrator for the participant.
5. The method of claim 4 and further comprising the act of registering a second user associated with the participant.
6. The method of claim 1 and further comprising the act of the participant providing the registration information.
7. The method of claim 1 and further comprising the act of verifying the participant.
8. The method of claim 1 and further comprising the act of transmitting a notification that the participant has been registered.
9. The method of claim 1 and further comprising the act of storing registration information in a database server and accessing the registration information with a database management system.
10. The method of claim 1 and further comprising the act of transferring to the participant a plurality of payments associated with a plurality of projects by accessing the registration information.
11. The method of claim 1 and further comprising the acts of generating an automated payment instruction and transferring to the participant a payment using one of an automated clearing house system, a wire transfer of funds, a debit card system, and a credit card system.
12. A construction payment management system comprising:
- an application server that stores an organization module and a database management system, the organization module receiving organization registration information for a participant; and
- a database server connected to the database management system, the database server storing the organization registration information, the database management system accessing the organization registration information in order to transfer to the participant a payment associated with a construction project.
13. The construction payment management system of claim 12 wherein a first participant provides organization registration information for a second participant.
14. The construction payment management system of claim 12 wherein the participant includes at least one of an owner, an owner's representative, a title company, a lender, an architect, an interior designer, an inspector, a general contractor, a subcontractor, and a material supplier.
15. The construction payment management system of claim 12 wherein the application server stores a user module, the user module receives user registration information for at least one user associated with the participant, and the database server stores the user registration information.
16. The construction payment management system of claim 15 wherein the user module receives user registration information from a first user associated with the participant and deems the first user the administrator for the participant.
17. The construction payment management system of claim 16 wherein the user module receives user registration information from a second user associated with the participant.
18. The construction payment management system of claim 12 wherein the participant provides the registration information.
19. The construction payment management system of claim 12 and further comprising a verification service connected to the application server, the verification service verifying the participant.
20. The construction payment management system of claim 12 and further comprising a notifications manager stored in the application server, the notifications manager transmitting a notification that the participant has been registered.
21. The construction payment management system of claim 12 and further comprising a database server connected to the application server, the database server storing the organization registration information, the database management system accessing the registration information from the database server.
22. The construction payment management system of claim 12 wherein the database management system accesses the organization registration information in order transfer to the participant a plurality of payments associated with a plurality of projects.
23. The construction payment management system of claim 12 and further comprising a payment system connected to the application server and a draw module stored in the application server, the draw module transmitting an automated payment instruction to the payment system, the payment system including one of an automated clearing house system, a wire transfer system, a debit card system, and a credit card system.
24. A method of managing a construction payment process, the method comprising the acts of:
- establishing communication with a plurality of participants in a construction project;
- generating a notification of a draw; and
- electronically transmitting in real-time the notification to the plurality of participants.
25. The method of claim 24 and further comprising the act of establishing communication with a plurality of participants including at least two of a general contractor, a subcontractor, a lender, a title company, a property owner, a property owner's representative, an inspector, an architect, an interior designer, and a material supplier.
26. The method of claim 24 and further comprising the acts of creating and maintaining a schedule of draws for the construction project.
27. The method of claim 24 and further comprising the acts of generating automated invoices for each one of the plurality of participants receiving a payment in the draw and transmitting notifications regarding approval of the automated invoices.
28. The method of claim 24 and further comprising the acts of generating automated lien waivers for each one of the plurality of participants receiving a payment in the draw and transmitting notifications regarding execution of the automated lien waivers.
29. The method of claim 24 and further comprising the acts of generating an automated sworn statement; transmitting a notification regarding execution of the sworn statement, approval of the draw, and disbursement of funds; and generating an automated payment instruction.
30. A construction payment management system comprising:
- an application server that stores a notifications manager and a draw module, the notifications manager and the draw module generating a notification of a draw, the notifications manager electronically transmitting in real-time the notification to a plurality of participants.
31. The construction payment management system of claim 30 wherein the plurality of participants includes at least one of a general contractor, a subcontractor, a lender, a title company, a property owner, a property owner's representative, an inspector, an architect, an interior decorator, and a material supplier.
32. The construction payment management system of claim 30 wherein the draw module maintains a schedule of draws for the construction project.
33. The construction payment management system of claim 30 wherein the draw module generates automated invoices for each one of the plurality of participants receiving a payment in the draw; and the notifications manager transmits notifications regarding approval of the automated invoices.
34. The construction payment management system of claim 30 wherein the draw module generates automated lien waivers for each one of the plurality of participants receiving a payment in the draw; and the notifications manager transmits notifications regarding execution of the automated lien waivers.
35. The construction payment management system of claim 30 wherein the draw module generates an automated sworn statement and an automated payment instruction; and the notifications manager transmits a notification regarding execution of the sworn statement, approval of the draw, and disbursement of funds.
36. The construction payment management system of claim 30 and further comprising a database server connected to the application server, the database server storing organization registration information, the notifications manager accessing the organization registration information in order to transfer notifications to the plurality of participants.
37. A method of managing a construction payment process, the method comprising the acts of:
- generating a budget for a construction project; and
- generating at least one automated invoice, an automated sworn statement, and at least one automated lien waiver based on the budget.
38. The method of claim 37 and further comprising the act of generating a budget including a plurality of line items and generating an automated invoice including at least one of the plurality of line items.
39. The method of claim 37 and further comprising the act of generating a budget including at least one of soft costs above a line of a general contractor and hard costs below a line of a general contractor.
40. The method of claim 37 and further comprising the act of transmitting a notification regarding approval of the automated invoice.
41. The method of claim 37 and further comprising the act of ensuring that the automated sworn statement and the at least one automated lien waiver correspond to the at least one automated invoice.
42. The method of claim 37 and further comprising the act of ensuring that a sum of invoice dollar amounts equals a sworn statement dollar amount.
43. The method of claim 37 and further comprising the act of ensuring that an invoice dollar amount equals a lien waiver dollar amount.
44. The method of claim 37 and further comprising the act of customizing at least one of the at least one automated invoice, the automated sworn statement, and the at least one lien waiver according to at least one of participant requirements and state legal requirements.
45. The method of claim 37 and further comprising the act of electronically executing the at least one automated invoice, the automated sworn statement, and the at least one automated lien waiver.
46. The method of claim 37 and further comprising the act of generating the at least one automated invoice, approving the at least one automated invoice, subsequently generating the automated sworn statement, approving the automated sworn statement, and subsequently generating the at least one lien waiver.
47. The method of claim 37 and further comprising the act of storing electronic copies of electrically executed invoices, sworn statements, and lien waivers.
48. The method of claim 47 and further comprising the act of generating a hard copy of an electrically executed invoice, sworn statement, or lien waiver.
49. A method of managing a construction payment process, the method comprising the acts of:
- receiving at least one invoice from at least one subcontractor; and
- automatically generating a sworn statement of a general contractor including a dollar amount from each one of the at least one invoices.
50. The method of claim 49 and further comprising the act of electronically executing the at least one invoice and the sworn statement.
51. A construction payment management system comprising:
- an application server that stores a budget module and a draw module, the budget module generating a budget for a construction project, the draw module generating at least one automated invoice, an automated sworn statement, and at least one automated lien waiver based on the budget.
52. The construction payment management system of claim 51 wherein the budget module generates a budget including a plurality of line items; and the draw module generates an automated invoice including at least one of the plurality of line items.
53. The construction payment management system of claim 51 wherein the budget module generates a budget including at least one of soft costs above a line of a general contractor and hard costs below a line of a general contractor.
54. The construction payment management system of claim 51 and further comprising a notifications manager stored in the application server, the notifications manager transmitting a notification regarding approval of the automated invoice.
55. The construction payment management system of claim 51 wherein the draw module ensures that the automated sworn statement and the at least one automated lien waiver correspond to the at least one automated invoice.
56. The construction payment management system of claim 51 wherein the draw module ensures that a sum of invoice dollar amounts equals a sworn statement dollar amount.
57. The construction payment management system of claim 51 wherein the draw module ensures that an invoice dollar amount equals a lien waiver dollar amount.
58. The construction payment management system of claim 51 wherein the draw module customizes at least one of the at least one automated invoice, the automated sworn statement, and the at least one lien waiver according to at least one of participant requirements and state legal requirements.
59. The construction payment management system of claim 51 wherein the draw module generates the at least one automated invoice, ensures that the at least one automated invoice is approved, subsequently generates the automated sworn statement, ensures that the automated sworn statement is approved, and subsequently generates the at least one lien waiver.
60. The construction payment management system of claim 51 and further comprising a database management system stored in the application server and a database server connected to the application server, the database server storing electronic copies of electrically executed invoices, sworn statements, and lien waivers.
61. The construction payment management system of claim 51 wherein the draw module generates a hard copy of an electrically executed invoice, sworn statement, or lien waiver.
62. The construction payment management system of claim 51 wherein the draw module is used to electronically execute the at least one automated invoice, the automated sworn statement, and the at least one automated lien waiver.
63. A method of managing a construction payment process, the method comprising the acts of:
- receiving a lien waiver from a participant in a construction project;
- storing the lien waiver;
- transmitting to a payment system an instruction to pay the participant; and
- receiving from the payment system an acknowledgement that the participant has received funds and substantially simultaneously releasing the lien waiver.
64. The method of claim 63 and further comprising the acts of generating an automated payment instruction and transmitting the automated payment instruction to one of an automated clearing house system, a wire transfer system, a debit card system, and a credit card system.
65. The method of claim 63 and further comprising the acts of receiving a plurality of lien waivers from a plurality of participants, storing each one of the plurality of lien waivers 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 lien waivers are received.
66. The method of claim 63 and further comprising the acts of receiving a plurality of lien waivers from a plurality of participants, storing each one of the plurality of lien waivers, and transmitting an instruction to pay each one of the plurality of participants when each one of the plurality of lien waivers is received.
67. The method of claim 63 and further comprising the acts of receiving a plurality of lien waivers from a plurality of participants, storing each one of the plurality of lien waivers, transmitting a first instruction to pay at least one of the plurality of participants when at least one of the plurality of lien waivers is received, and transmitting a second instruction to pay at least one other of the plurality of participants when all of the plurality of lien waivers are received.
68. The method of claim 63 and further comprising the acts of receiving and releasing the lien waiver corresponding to work performed for a current draw.
69. The method of claim 63 and further comprising the acts of receiving and releasing the lien waiver corresponding to a current month's work for a current month's draw.
70. The method of claim 63 and further comprising the acts of electronically executing at least one of the plurality of lien waivers.
71. A method of managing a construction payment process, the method comprising the acts of:
- receiving a lien waiver from a participant in a construction project; and
- transmitting to a payment system an instruction to pay the participant and substantially simultaneously releasing the lien waiver.
72. The method of claim 71 and further comprising the acts of generating an automated payment instruction and transmitting the automated payment instruction to one of an automated clearing house system, a wire transfer system, a debit card system, and a credit card system.
73. The method of claim 71 and further comprising the acts of receiving a plurality of lien waivers from a plurality of participants, storing each one of the plurality of lien waivers 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 lien waivers are received.
74. The method of claim 71 and further comprising the acts of receiving a plurality of lien waivers from a plurality of participants, storing each one of the plurality of lien waivers, and transmitting an instruction to pay each one of the plurality of participants when each one of the plurality of lien waivers is received.
75. The method of claim 71 and further comprising the acts of receiving a plurality of lien waivers from a plurality of participants, storing each one of the plurality of lien waivers, transmitting a first instruction to pay at least one of the plurality of participants when at least one of the plurality of lien waivers is received, and transmitting a second instruction to pay at least one other of the plurality of participants when all of the plurality of lien waivers are received.
76. The method of claim 71 and further comprising the acts of receiving and releasing the lien waiver corresponding to work performed for a current draw.
77. The method of claim 71 and further comprising the acts of receiving and releasing the lien waiver corresponding to a current month's work for a current month's draw.
78. The method of claim 71 and further comprising the acts of electronically executing the lien waiver.
79. A construction payment management system comprising:
- an application server storing an electronic holding bin and a draw module, the electronic holding bin receiving and storing a lien waiver from a participant in a construction project, the draw module generating and transmitting to a payment system an automated instruction to pay the participant, the draw module receiving from the payment system an acknowledgement that the participant has received funds and substantially simultaneously releasing the lien waiver.
80. The construction payment management system of claim 79 and further comprising a notifications manager that transmits an automated instruction to one of an automated clearing house system, a wire transfer system, a debit card system, and a credit card system.
81. The construction payment management system of claim 79 wherein the electronic holding bin receives a plurality of lien waivers from a plurality of participants and stores each one of the plurality of lien waivers until all of the plurality of lien waivers are received; and further comprising a notifications manager that transmits an automated instruction to pay the plurality of participants when all of the plurality of lien waivers are received.
82. The construction payment management system of claim 79 wherein the electronic holding bin receives a plurality of lien waivers from a plurality of participants and stores each one of the plurality of lien waivers; and further comprising a notifications manager that transmits an automated instruction to pay each one of the plurality of participants when each one of the plurality of lien waivers is received.
83. The construction payment management system of claim 79 wherein the electronic holding bin receives a plurality of lien waivers from a plurality of participants and stores each one of the plurality of lien waivers; and further comprising a notifications manager that transmits a first instruction to pay at least one of the plurality of participants when at least one of the plurality of lien waivers is received and a second instruction to pay at least one other of the plurality of participants when all of the plurality of lien waivers are received.
84. The construction payment management system of claim 79 wherein the electronic holding bin and the draw module receive and release the lien waiver corresponding to work performed for a current draw.
85. The construction payment management system of claim 79 wherein the electronic holding bin and the draw module receive and release the lien waiver corresponding to a current month's work for a current month's draw.
86. The construction payment management system of claim 79 and further comprising an electronic signature service to electronically execute the lien waiver.
87. A method of managing a construction payment process, the method comprising the acts of:
- creating a primary budget for a construction project including at least one secondary budget from at least one of a general contractor, at least one subcontractor, and at least one material supplier, the at least one secondary budgets each including at least one line item; and
- reconciling the primary budget and the at least one secondary budget including the at least one line item before administering a draw.
88. The method of claim 87 and further comprising the act of creating at least one of automated invoices, an automated sworn statement, and automated lien waivers based on the primary budget, the at least one secondary budgets, and the at least one line item.
89. The method of claim 88 and further comprising the act of electronically executing the automated invoices, the automated sworn statement, and the automated lien waivers.
90. The method of claim 87 and further comprising the act of creating a primary budget including at least one of hard costs and soft costs.
91. The method of claim 87 and further comprising the act of creating at least one secondary budget including only hard costs.
92. A construction payment management software comprising:
- a project module for creating and managing a project;
- a budget module for creating and maintaining a budget for the project; and
- a draw module for creating, scheduling, and managing draws for the project based on the budget.
93. The construction payment management software of claim 92 and further comprising an organization module for creating and maintaining information regarding participants in the project.
94. The construction payment management software of claim 92 and further comprising a change order module for modifying the budget and for approving modifications to the budget.
95. The construction payment management software of claim 92 and further comprising an electronic lien waiver holding bin for receiving and storing lien waivers from participants in the draws.
96. The construction payment management software of claim 92 and further comprising a system environment manager for configuring access, managing messages, creating reports, providing technical support, and managing interfaces with other software.
97. The construction payment management software of claim 92 and further comprising a user module for creating and updating users associated with participants.
98. The construction payment management software of claim 92 and further comprising a budget module for customizing at least one of invoice codes, account codes, phase codes, and phase code descriptions.
99. The construction payment management software of claim 92 and further comprising a notifications manager for creating, editing, and transmitting notifications to participants.
100. A graphical user interface for a construction payment management system, the graphical user interface comprising:
- at least one of a project schedule progress bar, a funds disbursed progress bar, and a percent complete progress bar;
- the project schedule progress bar indicating progress with respect to calendar dates;
- the funds disbursed progress bar indicating progress with respect to a budget dollar amount; and
- the percent complete progress bar indicating progress with respect to a percentage of work completed on a construction project.
101. The graphical user interface of claim 100 and further comprising a project home page customized for a participant.
102. The graphical user interface of claim 100 wherein the project home page includes each one of the project schedule progress bar, the funds disbursed progress bar, and the percent complete progress bar.
103. The graphical user interface of claim 100 and further comprising at least one of a new message indicator, information regarding completed draws, and information regarding pending draws for the participant.
Type: Application
Filed: Jan 10, 2005
Publication Date: Dec 29, 2005
Inventors: Patrick Allin (Lake Bluff, IL), Charles Cherry (Glenview, IL), William Eichhorn (Hinsdale, IL), Michael Flynn (Downers Grove, IL), Howard Niden (Chicago, IL), Richard Pedersen (DePere, WI), Matthew Bagley (Green Bay, WI)
Application Number: 11/032,699