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News & Analysis as of May 18, 2013

Illinois House Considers Bill to Allow “Bonding Off” of Mechanics Liens

by Timothy Patenode, Jennifer Ryan | Katten Muchin Rosenman LLP on 4/12/2013

Lenders in Illinois might want to take note of pending Illinois House Bill 2804. The bill would amend the Mechanics Lien Act, so as to allow “bonding off” of mechanic liens for the first time in Illinois. Nearly every state...more

Will Your Indemnity Clauses be Unenforceable on January 1, 2013?

by Gregory Clark, Bryan C. Jackson | Allen Matkins Leck Gamble Mallory & Natsis... on 12/18/2012

Amendments to California’s construction indemnity statutes will go into effect on January 1, 2013. Your commercial construction contracts may need to be modified or other strategies may need to be implemented or your...more

Massachusetts Prompt-Pay Act Heads to Governor's Desk

by Duane Morris LLP on 8/5/2010

The Massachusetts legislature has just passed an act that is likely to fundamentally affect payment terms on private construction projects. If signed into law by Mass. Gov. Deval Patrick (who has until August 10, 2010, to do...more

Florida's New Condominium and Homeowners' Associations Laws

by Duane Morris LLP on 6/8/2010

Legislative Amendments Affect Chapter 718 (Condominium Act) and Chapter 720 of the Florida Statutes On June 1, 2010, Gov. Charlie Crist signed into law Senate Bill 1196, which amends, among other things, portions of...more

No Settlement in $58,000,000 Judgment Against Homebuilder Bob Perry

by Robert Kraft on 3/23/2010

The seemingly endless lawsuit between two homeowners and their builder will continue, now that post-verdict mediation has failed. An article in the New York Times reports that settlement discussions have broken down between...more

Multi-Prime Contracting and Public Construction in Ohio: A Thing of the Past?

by Dinsmore & Shohl LLP on 12/28/2009

Public construction in Ohio accounts for nearly $3 billion a year in state spending. These projects include everything from renovations to state government buildings to local school buildings through the Ohio School...more

New Legislation on Wrap-up Insurance And Indemnity Clauses

by Sheppard Mullin Richter & Hampton LLP on 12/28/2009

Owners, developers and major general contractors are ramping up their use of wrap-up insurance policies on building and industrial projects. When sponsored by an Owner, wrap-ups are dubbed Owner-Controlled Insurance Program...more

Déjà Vu: Pennsylvania Re-Amends Its Lien Law to Again Permit Broad Waivers of Lien Rights on Residential Property Projects

by Duane Morris LLP on 8/20/2009

The passage of amendments in 2006 to the Pennsylvania Mechanics' Lien Law of 1963 (the "Lien Law") was a focus of considerable discussion. For the first time in 43 years, the Pennsylvania legislature revisited the statute and...more

Federal Court Limits Retroactive Application of FCA Amendments

by Sheppard Mullin Richter & Hampton LLP on 8/12/2009

Congress recently expanded contractors’ liability under the civil False Claims Act (FCA). The substantive changes include eliminating the presentment requirement, adding liability for claims seeking non-United States funds,...more