News & Analysis as of

Dismissals Construction Industry

Bradley Arant Boult Cummings LLP

Second Circuit: No-Damages-For-Delay Clause Bars Claim

The Second Circuit Court of Appeals recently applied a no-damages-for-delay provision to affirm the dismissal of a demolition contractor’s breach of contract claims. The project involved reconstructing and raising the Bayonne...more

Bradley Arant Boult Cummings LLP

Court Affirms Dismissal of Subcontractor’s Wrongful Termination Counterclaim and Clarifies Scope of Upcoming Trial on Damages

Back in April we examined the court’s decision in Boldt v. Black & Veatch, which dismissed a subcontractor’s counterclaim for wrongful termination on a 60-turbine wind farm project. As you may recall, the subcontractor hired...more

White and Williams LLP

Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend...

While the starting point for assessing an insurer’s duty to defend requires comparing the allegations contained within a complaint to the language contained within the insured’s policy, the majority of states require an...more

Bradley Arant Boult Cummings LLP

Timing Is Everything: Miller Act Notice Defect Saves Surety

The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor...more

Bradley Arant Boult Cummings LLP

Notice Your Lien or Kiss it Goodbye

Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement...more

Smith Anderson

Beware of the Risks! No Ownership, No Lien

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A recent North Carolina Court of Appeals decision reiterates the importance of knowing who you are dealing with when undertaking work or selling materials in connection with any construction or development project in our...more

Bradley Arant Boult Cummings LLP

In Alabama, Not All Debts Are Created Equal

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as to debts relating to construction projects, and this intent was recently...more

Bradley Arant Boult Cummings LLP

Not All Debts Are Created Equal - Construction and Procurement Law News, Q3 2019

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was drafted with the intent of providing construction lenders priority over materialmen as to debts relating to construction projects. This intent was...more

Goulston & Storrs PC

Real Litigation - Maroney, et al. v. Fiorentini, et al.

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In Maroney, et al. v. Fiorentini, et al., U.S. Dist. Ct., No. 1:16-cv-11575-DLC (D. Mass. Dec., 2017), Magistrate Judge Cabell in the United States District Court of Massachusetts partially denied a motion brought by...more

Troutman Pepper

Federal Court In Mississippi Holds That Although Projects Were Constructed With Federal Funds, They Were Not “A Public Work Of The...

Troutman Pepper on

United States ex rel. Metro Mech., Inc. v. Triangle Constr. Co., 2018 U.S. Dist. LEXIS 1487 (S.D. Miss. Jan. 4, 2018) - Triangle Construction Company, Inc. (“Triangle”) contracted with Mississippi Portfolio Partners III,...more

Genova Burns LLC

Jersey City’s PLA Ordinance Found Preempted by NLRA and ERISA and Void Ab Initio

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On June 15 U.S. District Court Judge Wigenton determined that Jersey City’s ordinance, in effect since 2007 and providing for tax abatements for real estate developers that sign Project Labor Agreements (PLAs) is preempted by...more

Fisher Phillips

Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

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In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of...more

Hogan Lovells

Supreme Court decision slashes empty rates bills for developers

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The rateable value of commercial premises is generally equal to the rent payable under a hypothetical letting on the relevant assessment date. There are some express statutory assumptions for this – it is to be an annual...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Construction General Contractor Responsible to Subcontractor's Employees for FLSA Violations

Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more

Carlton Fields

Construction Case Law Update - November 2014

Carlton Fields on

Personal Injury Liability, Design Standards, Slavin Doctrine, and Certorari Jurisdiction – Certiorari jurisdiction can arise where two parties in the same legal position move for summary judgment under the same theory...more

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