The Alabama Legislature recently made several changes to requirements for public works projects that go into effect September 1, 2023. Here’s a summary of the notable changes:
Section 39-1-1 -
Section 39-1-1 mandates...more
Imagine receiving an arbitration award in favor of your client. You move to confirm the award, and the award is vacated because the parties failed to mediate prior to arbitration. That is exactly what happened in Burke v....more
Suppliers of construction products and materials frequently find that their products and materials are used in projects located in states where the supplier may not have an office, factory, or production facility. Some...more
As an ever-increasing amount of contract negotiation and execution is done online, new legal issues have arisen from such transactions. Consider the following scenario:
You are a general/prime contractor. You have a...more
6/17/2021
/ Arbitration ,
Contract Disputes ,
Contract Terms ,
Contractors ,
Data Security ,
Dispute Resolution ,
E-Signatures ,
Electronic Communications ,
General Contractors ,
Online Contracts ,
Subcontractors
Even as the construction industry continues its recovery from the impact of the COVID-19 pandemic, it also continues to focus on worker safety. Consistent with this focus, the U.S. Department of Labor’s Occupational Safety...more
5/13/2021
/ Construction Industry ,
Construction Workers ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Employment Policies ,
Environmental Policies ,
General Contractors ,
Health and Safety ,
OSHA ,
Workplace Hazards ,
Workplace Safety
For our friends who litigate (or arbitrate!) in Alabama, take note of this recent Alabama Supreme Court decision. Although not a construction case, this recent decision dramatically illustrates what not to do if you want to...more
An important update to Georgia’s statutory lien waiver laws took effect on January 1, 2021. The amendment to Georgia’s mechanic’s lien law alters the form for interim and final lien waivers. Essentially, the new statute...more
The Alabama Supreme Court recently found that a party was in breach of an arbitration agreement for declining to pay the fee schedule set forth by the American Arbitration Association (AAA) and thus lost the right to compel...more
The International Chamber of Commerce (ICC) International Court of Arbitration, one of the leading international arbitral institutions, has released revised Rules of Arbitration to take effect in January 2021. The 2021 ICC...more
On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of...more
7/29/2020
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Attorney's Fees ,
Construction Contracts ,
Construction Industry ,
Contractors ,
Dispute Resolution ,
Personal Jurisdiction ,
Subcontractors
Liens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a construction contract. When utilized properly, filing a lien may induce an owner...more
In most jurisdictions, a party may be excused from any future performance under a contract by the prior material breach of the other party. A “prior material breach” is typically defined as conduct that deprives the injured...more
Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement...more
6/26/2020
/ Appeals ,
Construction Industry ,
Contract Terms ,
Contractors ,
Dismissals ,
Enforcement Actions ,
Failure to Comply ,
Homeowners ,
Mechanics Lien ,
Notice Requirements ,
Subcontractors ,
Summary Judgment ,
Suppliers
On April 9, the House of Representatives passed HB 419 on a vote of 89-6. The bill, sponsored by Representative Paul DeMarco (R-Homewood) among others and championed by the Alabama Chapter of the Associated Builders &...more