Subcontractors

Pay-If-Paid Clauses: A Powerful Shield From Payment

by Joe Virene | Looper Reed & McGraw, P.C. on 5/20/2013

Subcontracts typically contain either a pay-when-paid clause or a pay-if-paid (i.e., contingent payment) clause. A pay-when-paid clause only deals with the timing of the obligation to pay the subcontractor. ...more

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

by Joe Virene | Looper Reed & McGraw, P.C. on 5/14/2013

Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment. In addition, many subcontracts contain lien waivers lurking in the boiler...more

The Mechanics of Mechanics Liens

by Garret Murai | Wendel, Rosen, Black & Dean LLP on 5/10/2013

One of the most effective payment remedies for direct contractors, subcontractors and material suppliers is the mechanics lien. First conceived by Thomas Jefferson to encourage construction of the then “new” capital city of...more

Use of Additional Insured Status to Reduce Attorneys' Fees

by Conrad Lazo | Fowler White Boggs P.A. on 5/8/2013

Although insurance requirements are typically addressed in most construction contracts, they are often given minimum attention. On the other hand, attorneys’ fees are always a major concern. Notwithstanding, requiring...more

The New Texas Expedited Trial Rule’s Effect On Subcontractors And Suppliers

by Joe Virene | Looper Reed & McGraw, P.C. on 5/8/2013

It has been said many times “the wheels of justice grind slowly.” Indeed most cases take well over a year, and some a few years, to try. To help solve this problem the Texas Legislature created a new procedural rule to...more

HIPAA Revises Business Associate Agreement Requirements

by Evelyn Haralampu | Burns & Levinson LLP on 5/7/2013

Protecting Health Information - The privacy of health information is protected by federal rules. These rules, which have been recently updated, affect the handling of “protected health information” (“PHI”) by business...more

Let the Seller Beware: Hospitals Treating HMO Patients Employed by the Federal Government are “Subcontractors” Governed by...

by Theodore A. Olsen | Sherman & Howard L.L.C. on 5/6/2013

When a health plan/HMO ("Plan") provides group health coverage to employers, including the federal government, the hospitals that treat federal employees under a contract with the Plan are government "subcontractors" subject...more

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/3/2013

In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more

Legislative Alert: Illinois House of Representatives Passes HB 924

by Barbara Adams, Stewart Weiss | Holland & Knight LLP on 5/3/2013

On April 18, 2013, the Illinois House of Representatives passed House Bill 924 on a 60–50 vote. The bill amends the Illinois Prevailing Wage Act (820 ILCS 130/2) to require that all contractors and subcontractors bidding on...more

HIPAA Task Force – May 2013

by Jennifer Spiegel Berman, Molly E. G. Ferraioli, Thora A. Johnson, Jessica Kuester, Peter Parvis | Venable LLP on 5/2/2013

In this issue: - What Your Business Needs To Do About Hipaa — Now - Action Items for Covered Entities and Business Associates (including Subcontractors) - Changes Impacting Business Associates (including...more

Healthcare Update, No. 2, May 2013 - Court Upholds OFCCP's Jurisdiction Over Healthcare Providers

by Cheryl Behymer, Richele Taylor | Fisher & Phillips LLP on 5/1/2013

A federal district court has confirmed the position of the Office of Federal Contract Compliance Programs (OFCCP) finding that three hospitals providing medical services to U.S. government employees, and receiving payments...more

Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To...

by David Gallacher, Franklin Turner | Sheppard Mullin Richter & Hampton LLP on 4/30/2013

On March 30, 2013, the U.S. District Court for the District of Columbia issued a decision imposing certain socio-economic contract requirements on subcontractors operating hospitals associated with the University of...more

OFCCP Enforcement Powers Expanded Over Healthcare Industry

by Amanda Pennington, Jaime Ramon, Caleb Wood | K&L Gates LLP on 4/29/2013

In a case closely monitored by the healthcare industry, a recent decision from the United States District Court for the District of Columbia expanded the jurisdiction of the Office of Federal Contract Compliance Programs...more

Insolvency in the Building and Construction Industry: Proposed Amendments to the Building and Construction Industry Security of...

by Marcel Marquardt, Sandra Steele | K&L Gates LLP on 4/29/2013

The Industry and Current Legislation - The NSW building and construction industry (the Industry) is plagued by a high level of insolvencies. In the 2012 financial year, almost 25% of the external administrations...more

Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as "Your Work" Exclusion in CGL Policy Is...

by Peter Georgiton | Dinsmore & Shohl LLP on 4/25/2013

In Forrest Construction, Inc. v. The Cincinnati Insurance Co., No. 11-6262, 2013 U.S. App. LEXIS 722 (6th Cir.), the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an...more

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Pay-If-Paid Clauses: A Powerful Shield From Payment

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

The Mechanics of Mechanics Liens

Use of Additional Insured Status to Reduce Attorneys' Fees

The New Texas Expedited Trial Rule’s Effect On Subcontractors And Suppliers

HIPAA Revises Business Associate Agreement Requirements

Let the Seller Beware: Hospitals Treating HMO Patients Employed by the Federal Government are “Subcontractors” Governed by...

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

Legislative Alert: Illinois House of Representatives Passes HB 924

HIPAA Task Force – May 2013

Healthcare Update, No. 2, May 2013 - Court Upholds OFCCP's Jurisdiction Over Healthcare Providers

Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To...

OFCCP Enforcement Powers Expanded Over Healthcare Industry

Insolvency in the Building and Construction Industry: Proposed Amendments to the Building and Construction Industry Security of...

Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as "Your Work" Exclusion in CGL Policy Is...

District Court Sides With DOL in Dispute Over Whether Healthcare Providers Are Government Contractors

Hospitals Face Mandatory Affirmative Action Obligations Incorporated by Operation of Law Into Their Federal Subcontracts

Faulty Workmanship Can Be An Accident

Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

TRANSACTIONAL: Bankruptcy: Contractor Insolvency Issues in Large Project Transactions

Court Ruling May Subject Hospitals and Health Care Providers to OFCCP Regulation

NLRB: Employer Responsible For Backpay Of Union Representative Allegedly Injured During Workplace Assault

TRANSACTIONAL: Upstream Developments -- Latin America Overview of PEMEX’s 3rd Round Model Service Contract

Health Reform + Related Health Policy News Update - April 2013

Federal Contractors Beware! OFCCP Will Be Searching for Any Discrimination in Compensation

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