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
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
This article discusses the issues an owner, lender, completion contractor, and surety should consider when drafting a takeover agreement. Although each of these four main parties may share the basic goal of seeing the project...more
Originally published in Florida Bar Journal on February 13, 2013.
A contingent payment clause in a subcontract is the clause that provides that the subcontractor assumes the risk of owner nonpayment. Such clauses are...more
When passing risk through to various sub-contractors to a PPP or energy infrastructure project, it is important to ensure that the core sub-contracts are drafted on a ‘back-to-back’ basis with the project agreement. This...more
The Minnesota Supreme Court issued a decision last week in the case of Engineering & Construction Innovations, Inc., v. L. H. Bolduc Co., interpreting a subcontractor's agreement to indemnify a contractor, the subcontractor's...more
As attorneys that draft construction contracts and litigate construction disputes on a regular basis, we have seen how construction contract terms are used in contracts and what the practical effects of these terms may be on...more