Is your construction company in compliance with the Small Business Administration’s ("SBA’s") limitations on subcontracting requirement? Are you positive? If you are a small business general construction contractor and you...more
Recent changes to California’s prevailing wage laws highlight the importance of complying with them. Prevailing wage laws are aimed at ensuring that a contractor’s ability to win a public works contract is not based on paying...more
U.S. Supreme Court Holds Forum-Selection Clauses Are Presumptively Enforceable -
Atl. Marine Constr. Co. v. United States Dist. Court 2013 U.S. LEXIS 8775 (U.S. 2013) -
This action arose out of a forum-selection...more
California has enacted several statutes, effective January 1, 2014, which will likely increase the exposure of contractors and subcontractors, and the developers and owners for whom they work, to claims for prevailing wage...more
On November 20, 2013, Division Two of the Arizona Court of Appeals issued its opinion in Yanni v. Tucker Plumbing, Inc., 2013 Ariz. App. LEXIS 235. While the opinion was a victory of sorts for the real estate and...more
As we predicted in October, the United States Supreme Court has issued a unanimous decision upholding a general contractor’s ability to require its subcontractors to litigate disputes in the state or federal court of its...more
The OFCCP has released its semiannual regulatory agenda, in which the agency discusses the issues it plans to address in 2014. According to the agenda, the OFCCP will be issuing proposed rules on pay data collection, revised...more
Occasionally, old news is new news. The topic of notice by subcontractors and suppliers to preserve their lien and bond payment rights is discussed more often than may be necessary, but inattention or carelessness in regard...more
In This Issue:
- Burr Appellate Victory Featured in Constructor Magazine
- Fifth Circuit Expected to Soon Rule on Constitutionality of Mississippi’s Stop Notice Statute
- No Choice in the Matter
Public Agencies Must Modify Bid Forms to Require Subcontractor License Number -
Governor Jerry Brown last week signed into law Assembly Bill 44 (AB 44), which amends Public Contract Code section 4104 to require a prime...more
Construction is back!
But downward price pressures continue.
And, if you work on California public works projects, you know that shopping for that lowest price has its limitations....more
Construction contractors that have litigated delay claims probably know, all too well, that Government attorneys will exploit any opportunity to dismiss a claim on summary judgment, particularly when a release is involved. ...more
One of the things I like about being a lawyer is that I’m always learning something new. Like the “Rascality Rule.”...more
Christopher Hill, LEED AP and Virginia construction attorney and mediator highlights the construction and mechanic's lien changes made by the Virginia General Assembly in 2013....more
For many years, the Arizona Little Miller Act and the Arizona Procurement Code (A.R.S. § 34–226 and A.R.S. § 41-2586, respectively) prohibited a party from being indemnified, held harmless or defended to the extent of its own...more
On May 9, 2013, Alabama Governor Robert Bentley signed into law House Bill 419, which relates to construction projects for governmental entities who are exempt from sales and use taxes.
HB419 permits the Alabama...more
The Mississippi Supreme Court, in a case of first impression, recently addressed claims for nonpayment by contractors performing work in the state in violation of Miss. Code Ann. Section 31-3-15, which requires contractors...more
In February 2013 the Supreme Court of Virginia handed down its decision in Jack Bays, a mechanic’s lien lawsuit involving the landowner, several lenders, the general contractor and no fewer than eleven subcontractors....more
Accidents and losses unfortunately happen on construction projects. Thus, it is prudent, on the front end of a project, to prospectively determine which party or parties will ultimately pay in the event accidental damage or...more
We all like “free,” right?
Free samples at Costco. Jamba Juice’s buy one, get one free deals. Free wi-fi at your neighborhood Starbucks. And, if you’re in the construction industry, free insurance coverage when you’re...more
An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors and subcontractors. A bankruptcy proceeding involving a key contractor can...more
In This Issue:
- Letter From the Editor
- Tips for Presenting, Analyzing and Resolving Delay and Impact Claims
- The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs
- Colorado Court of...more
Originally published in Green Building News, February 20, 2013.
Successful green building requires more planning and, preferably, a greater degree of integration in overall project delivery, than building without green...more
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
It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more
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