General Contractors

News & Analysis as of

Builders Beware! You Cannot Hide Behind SB 800!

In Burch v Superior Court (Premier Homes et al.) 2014 DJDAR 1991 (decided February 19, 2014) plaintiff Burch, a Pacific Palisades homeowner, sued defendants Premier Homes, the developer, and Custom Home Builders, the general...more

Utah Rejects the Multi-Employer Worksite Doctrine: General Contractors are Only Responsible for the Safety of Their Employees at a...

The Utah Supreme Court recently held in Hughes General Contractors, Inc. v. Utah Labor Comm’n that the multi-employer worksite doctrine, which makes a general contractor responsible for the safety of all workers at a...more

Small Business Construction Contractors Must Voice Their Concerns

Is your construction company in compliance with the Small Business Administration’s ("SBA’s") limitations on subcontracting requirement? Are you positive? If you are a small business general construction contractor and you...more

5th Circuit Says the Issue is Liability, Not Damages

In Carl E. Woodward, L.L.C. v. Acceptance Indem. Ins. Co., 2014 WL 535726, No. 12–60561 (5th Cir. Feb. 11, 2014) the 5th Circuit Court of Appeals held that, when analyzing coverage under an additional insured endorsement...more

Utah Supreme Court "Repudiates" the Federal Multi-Employer Worksite Doctrine

In an unapologetic rejection of a decades-old legal fiction hatched by the federal Occupational Safety and Health Administration ("OSHA") and embraced by Utah Division of Occupational Safety and Health ("UOSH"), on January...more

The 60-Second Construction Journal

The law contains many pitfalls for contractors. Important contractual rights and remedies can be lost, hard-won statutory protections waived, and serious liabilities incurred – all through ignorance of the law. This...more

ConstructLaw - January 2014

U.S. Supreme Court Holds Forum-Selection Clauses Are Presumptively Enforceable - Atl. Marine Constr. Co. v. United States Dist. Court 2013 U.S. LEXIS 8775 (U.S. 2013) - This action arose out of a forum-selection...more

Texas Supreme Court Releases Major Construction Insurance Coverage Decision

On January 17, 2014, the Texas Supreme Court released its much-anticipated decision in the case of Ewing Construction Company v. Amerisure Insurance Company. The Court’s unanimous opinion answered one of the two questions...more

Potential Liability of General Contractors for Actions of Subcontractors on PLA Projects

A Third Circuit ruling in a case brought by a sheet metal workers union raises the possibility that general contractors may be liable if their subcontractors fail to assign work in accordance with the terms of a project labor...more

Supreme’s Decision is Music to the Ears of Large General Contractors

In Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, Case No 12-929 (December 3, 2013), the Supremes weighed in on the enforceability of forum selection clauses . . ....more

Illinois Supreme Court to Decide Who Pays When the General Contractor Goes Bust

Today, as we await the start of the Court’s November term, we begin our first look previews at the most recent additions to the Court’s civil docket. First up is Lake County Grading Company, LLC v. The Village of Antioch, a...more

7 Ways To Manage The Credit Risk Of A New Customer

Get the project information up front - You should ask your customer for the owner’s name and address, the location of the project, a copy of the payment bond (if any), and the general contractor’s name and address (if...more

The Fifth Circuit Weighs in on Vicarious Liability under the Anti-Kickback Act

In a recent case of first impression, the Fifth Circuit broadly interpreted civil liability for government contractors under § 8706(a)(1) of the Anti-Kickback Act (the “AKA”). In United States ex rel. Vavra et al. v. Kellogg...more

Justice Department Cautions Against Re-Verification Of I-9 Documents By General Contractor

The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently issued a Technical Assistance Letter in response to a written request by a...more

Mechanic's Lien Waivers: Understand What You Are Waiving

In Maryland and elsewhere, a mechanic’s lien safeguards a contractor’s entitlement to payment on a private project. It is a statutory device that, if properly pursued, provides a contractor a security interest in the real...more

In Florida, General Contractor Overhead and Profit are Part of Replacement Cost Policies Even When Repairs Have Not Yet Been Made

Last month, the Supreme Court of Florida issued an opinion in Trinidad v. Florida Peninsula Ins. Co., — So.3d —, 2013 WL 3333823 (Fla. July 3, 2013), addressing a Florida statute that required the insurer of a replacement...more

Liability of a General Contractor for Injuries Caused by Negligent Subcontractor

Because a general contractor is generally in charge of the entirety of a construction project, it is often assumed, and alleged in lawsuits, that the general contractor is legally responsible for the safety of the jobsite. ...more

Weathering The Storm Of An Owner Or General Contractor Bankruptcy

Bankruptcy court is often the “court of bad news” for creditors. ...more

Subcontractor Loses Delay Claim for Delays Occurring Before Execution of Subcontract

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

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