News & Analysis as of

Small Business Construction Contractors Must Voice Their Concerns

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

Changes to California Prevailing Wage Law: Implications for Solar Projects

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

ConstructLaw - January 2014

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

New California Statutes Potentially Increase Owners’ and Developers’ Exposure Under the Prevailing Wage Law

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

Developers and Homebuilders: The Ramifications of Yanni v. Tucker Plumbing, Inc.

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

U.S. Supreme Court Holds That Forum Selection Clauses In Construction Contracts Should Be Rigorously Enforced

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

OFCCP Reveals Plans For Releasing Proposed Rules In 2014

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

Construction Law e-Bulletin: Notice of Furnishing: More Important Than Ever - News from the Construction Law Group

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

Construction E-Note - October 2, 2013

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 - Government...more

Assembly Bill 44 Requires Submission of Subcontractors' License Numbers in Public Construction Bids

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

The Subletting and Subcontracting Fair Practices Act. Bargain Hunters Beware

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

E-mails May Save You From a Final Release, But Don’t Count On It

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

The Rascality Rule – An Eyebrow Raising Rule – in New Hampshire

One of the things I like about being a lawyer is that I’m always learning something new. Like the “Rascality Rule.”...more

Construction Related Legislative Changes Effective July 1, 2013

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

Arizona Legislature Adds New Limits On Indemnification In Public Construction Contracts

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

Burr Alert: 2013 Alabama Sales And Use Tax Legislation

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

Burr Alert: Ground Control, LLC v. Capsco Industries, Inc., et. al.: Opening The Door To Claims By Unlicensed Contractors In...

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

A Virginia Mechanic's Lien Refresher, Courtesy of Jack Bays

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

Under Construction - June 2013: Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals

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

What You Need to Know About ISO’s New Additional Insured Endorsements

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

TRANSACTIONAL: Bankruptcy: Contractor Insolvency Issues in Large Project Transactions

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

Under Construction - March 2013

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

Smart Contracting For Green Design And Construction

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

Subcontractor Loses Delay Claim for Delays Occurring Before Execution of Subcontract

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

Design & Construction Practice: 2012 Year in Review

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

31 Results
|
View per page
Page: of 2