News & Analysis as of

General Contractors

No Negligence? No Causation? No Problem. Arizona Appellate Court Holds General Contractor Need Not Prove Subcontractor’s...

by Pepper Hamilton LLP on

Amberwood Dev., Inc. v. Swann’s Grading, Inc., No. 1 CA-CV 15-0786, 2017 Ariz. App. Unpub. LEXIS 207 (Ct. App. Feb. 23, 2017) - This case arose out of a housing development project, with Amberwood Development Inc....more

New State Construction Notices Directory: A Valuable Tool for Owners

by Cozen O'Connor on

Effective December 31, 2016, Pennsylvania’s Mechanics’ Lien Law of 1963 (lien law) was amended to allow for an online State Construction Notices Directory (directory) to provide notice to parties involved in projects costing...more

The Fourth Circuit’s New Test for Joint Employment Under the FLSA and Why You Should Care

The Fourth Circuit Court of Appeals’ recent articulation of a new test for joint employment under the Fair Labor Standards Act (FLSA) sets a challenging standard for general contractors and others that seek to minimize labor...more

When Are Your Subcontractor's Employees Your Employees?

by Williams Mullen on

In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be the “joint employers” of the subcontractor’s worker for Fair...more

Money, Dirt and Steel: Spring 2017

by Williams Mullen on

When Are Your Subcontractor's Employees Your Employees? In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be...more

Insurance and Adjoining Property Access Agreements: Does that "Blanket" Endorsement Really Cover You?

In September 2016, the Appellate Division, First Department decided a case that has significant ramifications on insurance coverage on construction projects between construction managers and contractors. What should not be...more

Iowa Legislature Changes Mechanic's Lien Law

by Davis Brown Law Firm on

On March 30, 2017, the Iowa Senate passed House File 586. This legislation included a provision expanding the category of residential general contractors who are required to timely file a "Commencement of Work" Notice (or...more

Insurance Policy Did Not Prevent Association Recovery from Subcontractors for Defective Work

by K&L Gates LLP on

On February 17, the First District Appellate Court issued an opinion regarding the Implied Warranty of Habitability in the case of Sienna Court Condominium Association v. Champion Aluminum Court et al. The opinion involved...more

Payment issues on UK construction contracts

by Dentons on

Payment and pay less notices: intention, content and timing - What makes a valid payment and pay less notice? This was one of the questions considered by Alexander Nissen QC, sitting as a deputy High Court judge in the...more

“To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity...

In California, it is well-established that the extent of a party’s obligation under an indemnity agreement is an issue of contractual interpretation, and it is therefore the intent of the parties that should control. What is...more

Lien bonds and statutory trusts: Stuart Olson Dominion Construction Ltd v. Structal Heavy Steel, 2015 SCC 43

by Dentons on

In December 2010, Stuart Olson Dominion Construction Ltd. (Dominion) was hired to act as general contractor to construct a football stadium at the University of Manitoba. Dominion entered into a subcontract with Structal...more

Joint Employer Relationship Between Contractors and Subcontracts Redefined by a Federal Appeals Court

by Best Best & Krieger LLP on

Sweeping changes were made recently by a federal appeals court to the joint employer standard under the Fair Labor Standards Act that make it difficult for a contractor to avoid being considered a joint employer with its...more

Construction retentions trust regime comes into force: What you need to know

by DLA Piper on

As discussed in previous updates, on 31 March 2017 a change to the Construction Contracts Act 2002 will take effect to implement a trust regime that will apply to retentions held under construction contracts. Key things...more

CSLB Releases New Forms and Announces New Fees!

The California Contractors State License Board (CSLB”) has issued new application forms. Effective May 1, 2017, the CSLB will only accept forms with a revision date of October 2017 (Pro tip: see bottom of form to verify it...more

A Common Interest Agreement May Not Be Worth the Paper It’s Written On

by Wilson Elser on

It is a very common practice for counsel to co-defendants or co-plaintiffs to enter into agreements that shield their communications. The agreements are expressions of intent that the communications will be protected by the...more

Security of Payment and the rise of the contractual reference date

by Dentons on

The recent Supreme Court of NSW decision by Ball J in Fairfield City Council v Abergeldie Contractors Pty Ltd1 (Abergeldie), provides another demonstration of how issues with reference dates2 can provide potent grounds for...more

Construction Lien Act reform and promptness of payment

by Dentons on

On September 26, 2016, an expert review report titled, "Striking the Balance: Expert Review of Ontario's Construction Lien Act" (the Report) released findings on the problems associated with delinquent payments and the...more

Under Construction - March 2017

by Snell & Wilmer on

Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures

We’ve written before about the Right to Repair Act (Civil Code Sections 895 et seq.). The Act, also commonly known as SB 800 after the bill that established it, applies to newly constructed residential units including...more

Construction One-Minute Read: Trump Administration Increases Resources to Crack Down on Employers for I-9 Compliance

As part of his first-week initiatives, President Trump turned his focus toward immigration. These initiatives included dramatically expanding the resources of the U.S. Department of Homeland Security’s Immigration and Customs...more

Yellow is signalled

by DLA Piper on

The second edition of FIDIC's Yellow Book (Conditions for Plant and Design Build) is due to be released in the coming months. It was pre-launched at the FIDIC annual conference in December, and review of a "conference...more

NEC4 is on its way

by Dentons on

The next generation of NEC contracts – the NEC4 suite – is due to be launched on 22 June 2017 at the NEC Users' Group Annual Seminar 2017....more

Changes to your Scope of Services on the Construction Project (law note)

by Melissa Dewey Brumback on

Our office is in the middle of a large renovation. It’s been several months of drilling, sawing, painting, carpeting– you name it. I’m proud to say that we have had not one change to the scope of work during that time.....more

Union Fund Uses NY False Claims Act to Blow Whistle on Prevailing Wage Violator and Recover $33,750

by Genova Burns LLC on

In the first reported case of its kind in New York, in February a union fund received a five-figure settlement payment from a Harlem-based general contractor that worked on a New York City affordable housing project after the...more

This Month in Corruption: Contractors Fined for False Billing on Assembly Sq. T

by PretiFlaherty on

Two contractors involved in building the Assembly Square T station knowingly submitted inflated payment estimates for materials and will pay large fines and penalties to resolve the case, according to the Office of Attorney...more

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