Civil Remedies, Construction Law

Stop Payment Notices: The Lesser Known Construction Payment Remedy

by Garret Murai | Wendel, Rosen, Black & Dean LLP on 5/16/2013

My kid sister was popular in high school, unlike me. She was an officer on the student council, a member of Yearbook, numerous campus organizations, and someone whose name made it in the yearbook polls (in a good way). I, on...more

Federal Construction Contractors Beware: OFCCP Wants You!

by Scott Kelly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2013

Even though the Office of Contract Compliance Programs (OFCCP) has not yet promulgated its promised revised construction contractor regulations, the agency sent the construction contracting community a clear enforcement...more

Georgia Lien Law Revised In Favor of Contractors

by Jennifer Grippa | Miller & Martin PLLC on 5/10/2013

Legislation signed into law this week will have meaningful impacts on contractors asserting liens against property owners for non-payment. On Tuesday, May 7, 2013, Georgia Governor Nathan Deal signed into law House Bill 434,...more

The Mechanics of Mechanics Liens

by Garret Murai | Wendel, Rosen, Black & Dean LLP on 5/10/2013

One of the most effective payment remedies for direct contractors, subcontractors and material suppliers is the mechanics lien. First conceived by Thomas Jefferson to encourage construction of the then “new” capital city of...more

Illinois Construction Site Accident Yields Unprecedented Award

by Hoffman DiMuzio on 5/9/2013

Ronald Bayer fell off an iron beam while working on the construction site of an Illinois warehouse in 2007 and landed head first on the concrete 20 feet below. He sustained severe injuries: paralysis from the chest down and...more

Use of Additional Insured Status to Reduce Attorneys' Fees

by Conrad Lazo | Fowler White Boggs P.A. on 5/8/2013

Although insurance requirements are typically addressed in most construction contracts, they are often given minimum attention. On the other hand, attorneys’ fees are always a major concern. Notwithstanding, requiring...more

Light at the End of the Tunnel - Consultation on Reform of Rights to Light in England and Wales

by Sebastian A. Charles, Steven D. Cox | K&L Gates LLP on 5/8/2013

The private right to light is an arcane area of law and which many developers would agree is long overdue for reform. Development schemes can be thwarted by private landowners even after the proposal has passed through the...more

Construction Contracts – No Longer Take It or Leave It

by Conrad Lazo | Fowler White Boggs P.A. on 5/1/2013

Construction has returned to Florida! In the first four months of 2013, I have reviewed and drafted more construction and design contracts than I have in total during the last four years combined....more

Your Last Resort: The Unpaid Account

by Joe Virene | Looper Reed & McGraw, P.C. on 4/29/2013

A suit on an unpaid account against your customer will likely entitle you to the principal balance plus interest and attorney fees. But a suit on an unpaid account is only as good as your customer’s ability to satisfy the...more

Legal Alert: IRS Clarifies "Binding Written Contract" Definition in Renewable Energy Tax Credit Begun Construction Guidance

by David Cho, Dorothy Black Franzoni, Jonathan Goldman, Amish Shah, Ram Sunkara, Thomas Warren | Sutherland Asbill & Brennan LLP on 4/29/2013

On April 25, 2013, the Internal Revenue Service updated guidance issued on April 15, 2013, that explained how to satisfy the new “begun construction” requirement for the renewable energy section 45 production tax credit (PTC)...more

Recent Amendments to Virginia Mechanics' Lien Statute Require Contractor Licenses

by Amy E. Garber | Ober|Kaler on 4/23/2013

Under March 2013 amendments to the Virginia mechanics’ lien statute, contractors seeking mechanics’ liens must now demonstrate that they are licensed to complete their work. As a result, contractors who do not obtain the...more

New Court Decision Clarifies Mechanic's Lien Valuation Statute

by Mathew Troughton | Sheppard Mullin Richter & Hampton LLP on 4/22/2013

The amount of a mechanic’s lien in California is generally the lesser of: 1) the reasonable value of the work; or 2) the price agreed upon in the lien claimant’s contract. But does the same measure apply if a lien defendant...more

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

by Dustin Branch, Brian Huben, Stacey D. McKee Knight | Katten Muchin Rosenman LLP on 4/15/2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

by Pavlack Law, LLC on 4/13/2013

This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history....more

Alabama Construction Worker Awarded $1.7 million For Injuries

by Johnston, Moore & Thompson, Huntsville... on 4/10/2013

While workers' compensation benefits will work to cover the medical expenses and lost wages that an Alabama worker encounters following a workplace accident or injury, this is not the only source of compensation available in...more

Court Invalidates Mechanic's Lien for Seeking Excessive Amount

by Ryan Klein | Sherman & Howard L.L.C. on 4/5/2013

A mechanic's lien is a very powerful tool for prime contractors, subcontractors, suppliers, and laborers to seek compensation for work provided on construction projects. This tool, however, becomes excessive, invalid, and...more

Arizona Court of Appeals Renders Two Decisions Affecting Awards of Attorneys’ Fees in Lawsuits to Enforce Mechanics’ Liens

by Jennifer R. Phillips, Nicole Sornsin | Snell & Wilmer L.L.P. on 4/4/2013

This past month, the Arizona Court of Appeals issued two decisions that could have significant implications for mechanics’ lien claimants....more

Burr Alert: The Emperor’s New Economic Loss Rule

by Peter C. Vilmos | Burr & Forman on 3/28/2013

For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle...more

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

by Nadia Bugaighis, Christopher Clemenson | Cozen O'Connor on 3/19/2013

In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

by Cozen O'Connor on 3/19/2013

In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more

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Civil Remedies › Construction Law

Stop Payment Notices: The Lesser Known Construction Payment Remedy

Federal Construction Contractors Beware: OFCCP Wants You!

Georgia Lien Law Revised In Favor of Contractors

The Mechanics of Mechanics Liens

Illinois Construction Site Accident Yields Unprecedented Award

Use of Additional Insured Status to Reduce Attorneys' Fees

Light at the End of the Tunnel - Consultation on Reform of Rights to Light in England and Wales

Construction Contracts – No Longer Take It or Leave It

Your Last Resort: The Unpaid Account

Legal Alert: IRS Clarifies "Binding Written Contract" Definition in Renewable Energy Tax Credit Begun Construction Guidance

Recent Amendments to Virginia Mechanics' Lien Statute Require Contractor Licenses

New Court Decision Clarifies Mechanic's Lien Valuation Statute

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

Alabama Construction Worker Awarded $1.7 million For Injuries

Court Invalidates Mechanic's Lien for Seeking Excessive Amount

Arizona Court of Appeals Renders Two Decisions Affecting Awards of Attorneys’ Fees in Lawsuits to Enforce Mechanics’ Liens

Burr Alert: The Emperor’s New Economic Loss Rule

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

The Supreme Court Weighs in on the Balance of Private Interests Versus the Public Good in Nuisance

Construction Contracts: Avoiding Clashes And Irreconcilable Differences

Treble Damages Not Assessed Against Representative Who Was Not A Party To The Contract

Maryland's appellate courts preserve the corporate shield against efforts to pierce the corporate veil

Subcontractor Loses Delay Claim for Delays Occurring Before Execution of Subcontract

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