Contractors

News & Analysis as of

Construction Lien Law: What You Need to Know to Protect Your Company [Video]

Presented by Tobey Coleman and Emily Yeatts This webinar provides an overview of North Carolina’s construction lien laws and how they apply to and impact each party involved in a typical construction project – owners and...more

New Government Contractor Political Contribution Disclosure Law Passed by Maryland General Assembly

On April 10, the Maryland General Assembly made significant changes to the state’s public contractor political contribution disclosure law. Many of the amendments were prompted by questions that had arisen regarding the most...more

Alberta Court Clarifies Builders’ Lien Registration When Contract Abandoned

On February 25, 2015, the Alberta Court of Appeal released its decision in Tervita Corporation v. ConCreate USL (GP) Inc. In that case, the court was required to determine whether a builders’ lien registered by Tervita...more

Reinstatement of a LIHTC LURA following foreclosure

Note: This post is the final part of a continuing series on the Credit Report Blog on the subject of workouts and bankruptcies involving low-income housing tax credit (LIHTC) projects....more

What You Need to Know About Enforcement Actions by the Contractors State License Board

I questioned whether to even write this post. - Because, of course, YOU would never find yourself hightailing it out of town with the California Contractor’s State License Board (“CSLB”) sniffing down your tail pipes....more

New Mandate: If you like your water heater you can keep it; but replacing it will be expensive.

Effective April 16, 2015, there will be significant changes to water heater energy factor requirements as the result of updates to the National Appliance Energy Conservation Act (“NAECA”). The new requirements call for higher...more

California Court of Appeals Holds Public Entity May Only Withhold Contractor Funds Where There are Liens or a Good Faith Dispute...

In East West Bank v. Rio School District [2015 Cal. App. LEXIS 274], the California Court of Appeals held that a dispute over contract price does not entitle a public entity to withhold funds due a contractor under California...more

Everest Indemnity Insurance Company v. Rea - Court Addresses Whether Insurance Company’s Consult With Counsel Constitutes Waiver...

Rudolfo Brothers Plastering, Inc. claimed that Everest Indemnity Insurance Company acted in bad faith by entering into a settlement agreement that exhausted the liability coverage of an Owner Controlled Insurance Program...more

The Danger of Contracting with a Tenant for Improvements to Real Property

You’ve completed your work, payment is past due and you’re ready to record a construction lien... then you discover your client is a tenant, not an owner. Your ability to lien may be far more limited under Florida law than...more

LIHTC exit strategies: Foreclosure

Note: This post is part of a continuing series on the Credit Report Blog on the subject of workouts and bankruptcies involving low-income housing tax credit (LIHTC) projects....more

Connecticut Legislature Introduces Bill that Would Subject the State to a Statute of Limitations in Claims Against Design...

The Connecticut Legislature recently introduced a bill that would subject the State to a ten year statute of repose for claims against design professionals for defective design and/or administration of construction projects....more

Arizona’s New Construction Defect Law is Effective the Summer of 2015

On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona’s construction defect claims and revises the Purchaser Dwelling Actions statute - ARS §...more

Ohio Builders Beware: Stiff Penalties Remain

For several years, home builders and residential contractors in Ohio were subject to the Consumer Sales Practices Act – an arduous consumer protection law that imposes heavy penalties upon service “supplies” like builders,...more

Insurers Argue Damage by Meteor is all that is Covered in a CGL

In a decision out of the Superior Court in Delaware, Judge Rocanelli bought a favorite insurance industry argument so extreme, several state legislatures (including Colorado and South Carolina) have passed laws overruling...more

Indemnification in Contracts with the State of Ohio

Government contracts with the State of Ohio provide a number of potential opportunities for service contractors, but many contractors may be surprised to learn that the State will not agree to enter into any contract that...more

Newly Revised Arizona Purchaser Dwelling Act Changes Rules for Construction Defect Claims

When the Arizona Legislature enacted the Purchaser Dwelling Act (the "Act") in 2002, it imposed various pre-litigation notice and inspection requirements on purchasers and homeowners’ associations before they could file a...more

Is your Illinois company protecting you against a trenching injury?

Trenching is an important part of the construction industry. Unfortunately, it is also associated with an elevated rate of injury and death on the job....more

April 1, 2015: New Working at Heights Training Requirements on Construction Projects

Falls from heights are one of the leading causes of critical injuries and fatalities in Ontario workplaces according to the Ministry of Labour. As a result, beginning April 1, 2015, employers in Ontario must ensure that...more

President Obama Urged to “Ban the Box” for Federal Contractors

In a letter this past week, nearly 200 interest groups urged President Obama to issue an executive order “banning the box” for federal contractors and to implement other “fair chance” hiring reforms protecting ex-offenders....more

Mexico’s Energy Industry: Ronda Uno, First Tender

On March 25, 2015, the Comisión Nacional de Hidrocarburos (“CNH”) released revised versions of the Bidding Guidelines (the “BG”) and the Model Production Sharing Contract (the “PSC”) for the First Tender published on December...more

Declarant Rights: Are Developers Leaving Money on the Table?

When a residential subdivision is developed, it is common for the developer to record a Declaration of Covenants, Conditions, Easements and Restrictions along with the subdivision plat. This Declaration addresses use...more

Pennsylvania Court Holds Faulty Workmanship Not an Occurrence

In its recent decision in Nat’l Fire Ins. Co. v. Gabe’s Constr. Co., 2015 U.S. Dist. LEXIS 37533 (M.D. Pa. Mar. 25, 2015), the United States District Court for the Middle District of Pennsylvania, applying Wisconsin law, had...more

2015 Construction Law Update - Construction Practice Newsletter

Over 2,200 bills were introduced during the second and final year of the 2013-2014 legislative session, of which 931 were signed into law. For the design and construction industry the end of the second session, like...more

Court Dismisses Case For No Diversity Jurisdiction 2 Days After Filing

In an unusual display of speedy discretion, federal District Judge Sheri Polster Chappell wasted no time in dismissing the complaint on a public works payment bond filed by Advance Industrial Coating, LLC in Advance Indus....more

HUD issues notice updating Section 3 regulation

The U.S. Department of Housing and Urban Development (HUD) recently published a notice updating the interim regulation at 24 CFR Part 135, which provides for compliance with Section 3 of the Housing and Urban Development Act...more

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