Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
DE Under 3: OFCCP’s New Revisions & Additions to its Construction Contractor Compliance Audit Tools
Residential Contractor Boot Camp
DE Under 3: OFCCP Resurrects Proposal for Monthly CC-257 Employment Utilization Reports for Construction Contractors
Podcast: Owner’s Outlook: Managing Risks in an Ever-Changing Construction Environment - Diagnosing Health Care
Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors
8 Key Takeaways | Hot Topics in Construction Contracting
The Labor Law Insider: Project Labor Agreements Part II
DE Under 3: OFCCP AAP Verification Portal 'Rules of Behavior', Vaccination Injunction Updates, & Recent Job Scam Alerts
Construction Webinar Series: Construction Contractors: Considerations in Subcontracting Plans and OFCCP Compliance
Construction Webinar Series: Building Compliance: Construction Industry Concerns Under FCA
Practical Training for Project Managers & Supervisors Two-Part Webinar Series: Part Two
Practical Training for Project Managers & Supervisors Two-Part Webinar Series: Part One
Design-Build: Everything That Was Old Is New Again
Prompt Payments: How CASPA and Other State Laws Afford Contractors Protections
Law Brief: Lien Times: Securing Mechanics Liens for Preconstruction Services
Benefits of a Stop Notice for Construction Contractors
Construction Delays in the Time of Coronavirus: A Legal Perspective
What to Do When Your Insurance Carrier Says No: How to Protect Yourself from Coverage Denials
A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In...more
The High Court has provided guidance on a contractor’s general right to suspend works, the enforceability of liquidated damages upon termination, and the recoverability of financing costs as part of loss of revenue....more
Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more
Business relationships often begin before parties execute a written agreement containing the terms and conditions by which the relationship will be governed. With little more than a Letter of Intent (“LOI”) or Letter of...more
The purpose of a liquidated damages provision in a construction contract is to establish in advance a fair amount of compensation to the injured party for a breach of contract to avoid spending time and money fighting over...more
On June 7, 2022, the Massachusetts Appeals Court issued an opinion of first impression regarding the Massachusetts Prompt Payment Act, G.L. c. 149 § 29E (the “Act”). In Tocci Building Corp. v. IRIV Partners, LLC, Appeals Ct....more
The Tennessee Court of Appeals recently issued an opinion extending application of the economic loss doctrine to certain construction claims. Among other things, the economic loss doctrine prevents a party from recovering on...more
Lessons in Arbitration Construction Dispute - In December 2021, Alex Turner, Jeff Patton, and Lee Denton in Spilman's Winston-Salem office arbitrated a construction dispute in Norfolk, Virginia on behalf of Sure Lift,...more
Three cases have come out in the last year that will significantly impact construction law in North Carolina. - The Court in Crescent v. Trussway held that an owner of a commercial project cannot sue a subcontractor or...more
With a significant and coherent body of case law on construction disputes, Singapore is a hub for resolving many construction disputes across the Asia-Pacific region. Singapore is a vibrant country in Southeast Asia. With...more
Those you of you with an interest in construction law will no doubt have heard of the case of Triple Point v PTT, which concerned whether liquidated damages (LDs) are payable in the event of termination. The first...more
In WDF, Inc. v. City of New York, No. 652478 (N.Y. Sup.) (Mar. 12, 2021), the contractor filed suit to recover damages from the City on numerous combined waste water treatment projects. The contractor claimed that the City...more
What’s a goocher? If you saw the movie, Stand By Me, then you know exactly what I mean. And there are times when parties to a construction contract face a goocher. ...more
It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and...more
Dear YouDig?, We are a design builder. We hired a design team to do the preliminary design for our bid on a large DB project. We won the bid. Of course we warranted to the project owner that we would build the project, as...more
Most parties on a construction project know that a liquidated damage may be assessed for each day of the delay past a contract completion date. However, in infrastructure and highway contracts, there are many different events...more
The construction contract calls for International Building Code-compliant lumber. The insured doesn’t supply that. What the insured does supply gets installed but then ripped out and replaced, causing damage to the...more
Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims....more
This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year. Holdback Payments Are Not Retainage - Tennessee’s Prompt Pay...more
A cardinal change is a rare event in construction. However, when it "provably" occurs, it can turn the relative rights of the parties to a construction dispute upside down. A recent New York case bears this out. A general...more
Precision Hydraulic Cylinders, Inc. v. Manufacturing. Technology, Inc., No. 7:18-CV-203-FL, 2019 BL 344743, 2019 U.S. Dist. LEXIS 156670 (E.D.N.C. Sept. 13, 2019) - Precision Hydraulic Cylinders, Inc. (“Precision”) issued...more
In a recent case, the Federal Court of Australia confirmed that it will enforce a "no damage for delay" clause, including when delay occurs as a result of a variation under a contract....more
Many a construction dispute turns on defects. A significant subset of those turn on whether the existence of defects prevents practical completion from taking place. Originally published on the Practical Law Construction...more
Transfer of risk and liability are common occurrences in the field of construction. National builders often employ a single licensed general contractor to oversee the totality of its construction projects throughout the state...more
Recent court decisions have signaled the courts’ proclivity to prefer arbitration over full-fledged litigation when provisions in construction contracts are called into question. While the courts recognize a party’s...more