Hot to Get Paid: Tips and Tricks for Construction Companies in DC, MD, and VA
One of the most common issues subcontractors face is non-payment. Sometimes subcontractors have a positive relationship with the prime contractor and resolve the issue amicably. However, when the parties cannot reach an...more
A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements...more
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
Many of our clients have noticed that the Government is increasingly using accusations of contractor fraud as a defense to valid claims, even when there is no evidence that the contractor intended to deceive the government. ...more
Presented by Cohen Seglias Associate Jackson S. Nichols on March 28, 2019. Getting paid on time is essential to running a construction business. And the bigger the job, the bigger the risk it can pose to your company. ...more
Getting paid on time is essential to running a construction business. And the bigger the job, the bigger the risk it can pose to your company. Fortunately, there are a number of tools available to help contractors,...more
On November 5, 2018, the U.S. Court of Appeals for the Federal Circuit (“Court”) confirmed something that many of us in the Federal Government Construction Contracts industry always understood was the law, namely that even...more
Pulling the Continuous Trigger: Insurance Policies and Progressive Property Damage in New Jersey - When a property owner claims damages due to defective construction, the first step for a contractor is to notify its...more
Fisk Elec. Co. v. DQSI, L.L.C., 2018 U.S. App. LEXIS 17914 (5th Cir., June 29, 2018) - DQSI, L.L.C., (“DQSI”) a general contractor, was hired by the Army Corps of Engineers (“Corps”) for a pump station construction...more
Pinnacle Crushing & Constr. LLC v. Hartford Fire Ins. Co., 2018 U.S. Dist. LEXIS 67965 (W.D. Wa. Apr. 23, 2018) - The Army Corps of Engineers (the “Corps”), as owner, and Cherokee General Corporation (“CGC”), as prime...more
Join Cohen Seglias Federal Contracting attorneys Maria Panichelli and Micahel Richard for their Lawline Continuing Legal Education (CLE) webinar, "Critical Considerations When Drafting and Negotiating Federal Government...more
On June 21, Cohen Seglias partner Maria Panichelli is presenting the Govology webinar "Essential Considerations in Federal Subcontracting." In this webcast, Maria will cover the essential issues that prime contractors and...more
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
United States v. Int’l Fid. Ins. Co., No. 16-0472-WS-C, 2017 U.S. Dist. LEXIS 16791 (S.D. Ala. Feb. 7, 2017) - This action arose out of a payment dispute between Bay South Limited, Inc. (“Bay South”) and Stephens...more
One common complaint we hear from our subcontractor clients is “HOW CAN WE GET PAID????” Our experience has shown that whether through inadvertence, lack of subcontract management resources – or even as a predatory business...more
United States ex rel Jack Daniels Construction, Inc. v. Liberty Mutual Insurance Company, 2015 U.S. Dist. LEXIS 172189 (M.D. Fla. Dec. 28, 2015) - This action arises from the construction of the Joint Intelligence...more
Subcontractors filing Miller Act lawsuits in the U.S. must generally do so in the federal district court where the contract from which the dispute arose was “performed and executed.” 40 USC §§ 3131-3134 However, on...more
IN THIS EDITION: THE GOVCON FILES - It’s Good to Be King: The Curious Case of United States v. JAAAT Technical Services PROTEST DECISIONS - GAO Clarifies Discussions and Discusses clarifications ...more
DVBE Trucking and Construction Co., Inc. v. McCarthy Building Companies, Inc., 2015 U.S. Dist. LEXIS 90052 (N.D. Cal. July 10, 2015) - This payment dispute case arises out of a Veterans Affairs (“VA”) construction...more
Montano Elec. Contractor v. United States, 2015 U.S. App. LEXIS 5928 (Fed. Cir. Apr. 13, 2015) - The Army Corps of Engineers (“the Corps”) hired a general contractor, who subcontracted certain electrical work to Montano...more
Marenalley Constr., LLC v. Zurich American Ins. Co. and Nason Constr. Inc., 2015 U.S. Dist. LEXIS 30968 (E.D. Pa. March 13, 2015) - This payment dispute case arises out of a Veterans Affairs (“VA”) construction project...more
KBW Assocs. v. Jaynes Corp., 2015 U.S. Dist. LEXIS 18220 (D. Nev. Feb. 13, 2015). This action arose out of the construction of additions to existing buildings at Creech Air Force Base in Indian Springs, Nevada (the...more
Frontier Contr. Inc. v. Allen Eng’g Contr., Inc., 2014 U.S. Dist. LEXIS 136474 (E.D. Cal. Sept. 2014) - Frontier Contracting Inc. (Frontier) entered into a teaming agreement with Allen Engineering Contractor, Inc....more
In a recent decision, the federal appellate court encompassing nine western states and two Pacific island jurisdictions held that a California law restricting the right of non-licensed contractors to recover for unpaid...more
In a recent decision, the 9th U.S. Circuit Court of Appeals held, for the first time, that California’s contractor licensing requirement cannot be used to bar a federal subcontractor from pursuing a claim under the Miller...more