Construction Law, Civil Remedies, Commercial Law & Contracts

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

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

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

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

Construction Contracts: Avoiding Clashes And Irreconcilable Differences

by Juanita Ferguson | Bean, Kinney & Korman, PC on 3/11/2013

When the phrase “irreconcilable differences” is invoked, images of a feuding couple, and not parties to a construction contract, come to mind. However, in the case of Suleyman Ciliv, d/b/a 77 Construction Contracting and...more

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

by Schecter Law on 3/4/2013

In Home Construction Management, LLC v. Comet, Inc., 4D11-4022 & 4D12-21 (Fla. 4th DCA 2013), Home Construction Management, LLC. (“HCM”) and representative Abraham Omer appealed a final judgment and damage award for claims...more

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

by Thomas Valkenet on 2/22/2013

Maryland remains one of the toughest jurisdictions for plaintiffs seeking to pierce the corporate veil and impose personal liability on corporate owners for contract debts. Maryland has long recognized an equitable claim to...more

Subcontractor Loses Delay Claim for Delays Occurring Before Execution of Subcontract

by Matthew Straub | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/20/2013

Both an Illinois circuit and appellate court had little sympathy for a subcontractor that suffered significant delays before executing a subcontract, which failed to allow for compensation for the prior delays. Asset Recovery...more

Consequential Damages: What are they? Should I waive them? (law note)

by Melissa Dewey Brumback on 2/8/2013

A client asked me about a contract he was asked to sign in which consequential damages were being waived. Consequential damages are those things that cost money which arise indirectly out of a failure of a party on a...more

Although Unlikely to be Immediately Adopted Elsewhere, A Recent Tennessee Decision Regarding an Owner’s Liquidated Damage Claim...

by James Hall | Adler Pollock & Sheehan P.C. on 1/31/2013

A Tennessee Court of Appeals recently held that liquidated damages under an AIA Contract (A201 -1997 Gen. Conditions) are neither automatic nor self-executing. RCR Building Corp. v Pinnacle Hospitality Partners, 2012 WL...more

In Pari Delicto Defense Fails For Unlicensed Contractor

by Neha Dagley | Schecter Law on 1/29/2013

In Earth Trades, Inc. v. T&G Corp., No. SC10-1892 (Fla. 2013), the Supreme Court of Florida reviewed the Fifth District Court of Appeal’s holding that Florida Statute §489.128, which governs construction contracting,...more

Board Of Contributors: Recent Rulings On Condo Contracts Have Widespread Significance

by Martin Schwartz | Bilzin Sumberg Baena Price & Axelrod LLP on 1/11/2013

The Interstate Land Sales Full Disclosure Act, a federal statute that was initially designed to prevent unscrupulous land sales of desert land in Arizona and marsh land in Florida, has been one of the primary weapons employed...more

Condominium Purchaser’s Cancellation Rights Under Florida Statute Section 718.503

by Neha Dagley | Schecter Law on 1/11/2013

Florida Statute section 718.503(1)(a)1. states, in relevant part, that a contract for the sale of a residential unit must...more

Revised law is new paint job for construction remedies

by William "Fritz" D. Pahland | Miller Starr Regalia on 1/11/2013

Originally published in the San Francisco Daily Journal - December 26, 2012. If the sudden 2008 credit crunch can be likened to an earthquake, then the following flood of mechanics lien and stop payment notice...more

Suppliers Must Take Affirmative Steps to Determine Source of Payments to Protect Construction Lien Claim Rights

by Peter James Herrigel | Cole Schotz on 1/10/2013

In L&W Supply Corp. v. Joe DeSilva, et al., (Docket No. A-2960-10T2, December 19, 2012) (“L&W Supply”), a decision recently approved for publication, the Appellate Division provides guidance to material suppliers seeking to...more

NJ Appellate Division Decision Highlights Gaps in Existing LLC Law in New Jersey and Importance of Having an Operating Agreement

by Kevin O'Connor on 1/3/2013

In my prior blogs I’ve addressed the importance of having an operating agreement for any business owner operating as a limited liability company (“LLC”), and have also covered the recent legislative changes in New Jersey with...more

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Construction Law › Civil Remedies › Commercial Law & Contracts

Georgia Lien Law Revised In Favor of Contractors

Use of Additional Insured Status to Reduce Attorneys' Fees

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

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...

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

Consequential Damages: What are they? Should I waive them? (law note)

Although Unlikely to be Immediately Adopted Elsewhere, A Recent Tennessee Decision Regarding an Owner’s Liquidated Damage Claim...

In Pari Delicto Defense Fails For Unlicensed Contractor

Board Of Contributors: Recent Rulings On Condo Contracts Have Widespread Significance

Condominium Purchaser’s Cancellation Rights Under Florida Statute Section 718.503

Revised law is new paint job for construction remedies

Suppliers Must Take Affirmative Steps to Determine Source of Payments to Protect Construction Lien Claim Rights

NJ Appellate Division Decision Highlights Gaps in Existing LLC Law in New Jersey and Importance of Having an Operating Agreement

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