Subcontractors

News & Analysis as of

Pennsylvania Commonwealth Court Holds Enforceable School District’s Oral Promise to Pay Subcontractor for Returning to Job after...

Zacherl, Inc. v. Flaherty Mechanical Contractors, LLC, 131 A.3d 1030, 2016 Pa. Commw. LEXIS 22 (Jan. 6, 2016) - The West Allegheny School Board (the “School Board”) voted to approve the School District’s (the...more

Amendments to the Integrity Regime – A Step in the Right Direction

On April 4, 2016, Public Services and Procurement Canada (PSPC) (formerly known as Public Works and Government Services Canada) made a number of important amendments to the Integrity Regime governing procurement and real...more

DoD Proposes Cost Allowability Rule for Correcting Counterfeit Electronic Parts

The Department of Defense (“DoD”) recently proposed to make specified costs allowable that are associated with discovering and correcting counterfeit or suspect counterfeit electronic parts. DoD’s proposed rule would amend...more

Department of Health and Human Services Cracks Down on Vendor Oversight in Recent Hospital Settlements

From the rise in ransomware attacks to inadvertent disclosure of information by subcontractors, the health services industry is reminded that a potential consequence of a data breach is the threat of a regulatory enforcement...more

Missouri Court of Appeals Finds Single Tenant Finish Mechanics Liens Encumber Entire Mall

On April 12, 2016, the Missouri Court of Appeals for the Eastern District handed down an opinion Crafton Contracting Company, et al. v. Swenson Construction, Inc., that is of interest to owner/landlords, their lenders,...more

Subcontracting Smart: Labor Relations and Subcontracting Plan Obligations Between Prime Contractors and Subcontractors

Labor & Employment - General Obligations - - Prime is on the hook - Flow down all obligations to the subcontractor - Comply with all applicable labor laws - FLSA, SCA, DBA, OFCCP -...more

Unusual Antitrust Agencies’ Guidance on Defense Mergers

The Department of Justice (Justice) and the Federal Trade Commission (FTC) today issued an unusual joint statement that highlighted their continued commitment to preserve defense industry competition by closely reviewing...more

Limitations of Liability – Scenario 3: Pay if Paid and Flow Through Clauses

I suppose that it is apropos that I have been delayed in writing this final piece in the four-part Limitations of Liability series, relating to subcontract pay if paid and flow through clauses. Being more than one step...more

Three Steps to Prepare for the Labor Department’s Proposed Rule on Paid Sick Leave

The U.S. Department of Labor (DOL) released a proposed rule that requires federal contractors and subcontractors to provide workers with seven days of paid sick leave on an annual basis. The proposed rule, released on Feb....more

Construction due diligence: Sooner is always better than later

Non-payment of receivables is an ongoing problem for contractors, subcontractors and material suppliers notwithstanding the strength or weakness of the economy. Having knowledge of one’s alternative available legal remedies...more

CBCA Expands its Approval of Subcontractors’ “Sponsored” Claims

Typically, a subcontractor cannot appeal a Contract Disputes Act (“CDA”) claim to the Civilian Board of Contract Appeals (“CBCA”) because the subcontractor lacks privity of contract with the government. However, the...more

Changes Loom for Public Works Projects and Payment Bond Claims in Pending Connecticut Legislation

A recently proposed bill to reduce the retainage amount for certain public work contracts to five percent and to allow a claimant to recover reasonable attorney’s fees and costs from a payment bond surety that fails to timely...more

One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses

Payment clauses in California construction contracts are often complex and multi-layered. This is especially true in contracts between general contractors and their subcontractors. The general does not want to pay the subs...more

Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

Coming Soon to a Federal Contractor Near You: Paid Sick Leave

On Labor Day, September 7, 2015, President Obama signed Executive Order 13706 – Establishing Paid Sick Leave for Federal Contractors. The Executive Order requires that certain federal contractors and subcontractors (the same...more

The DIR Calls Timeout On Its New Electronic Certified Payroll Reporting Requirements

The California Department of Industrial Relations (DIR) recently issued a follow-up notice to public works contractors and agencies to clarify the DIR's current enforcement of its Electronic Certified Payroll (eCPR)...more

4 Considerations for Mechanic's Liens on Alternative Energy Projects

Securing payment is critical for contractors, and contractors, subcontractors and suppliers often rely on their mechanic’s lien rights. However, on wind and solar electrical generation projects, unusual considerations can...more

Do's and Dont's for Teaming Agreements & Subcontracts for 8(a) Contracts

Overview - - Teaming Agreements & Subcontracts - What are they? - What provisions should you include? - What are the key considerations for primes? - What are the key considerations for...more

Defence & Indemnity - February 2016: V. Surety and Bond Issues: The relationship between trust and lien claims under Provincial...

Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43, per Rothstein, J. - I. FACTS AND ISSUES - Stuart Olson Dominion Construction Ltd. (“Dominion”) was the general contractor of a football...more

Will Your Sick Leave or PTO Policy Satisfy DOL’s Paid Sick Leave Regulations for Federal Contractors?

The web of overlapping and incongruent paid sick leave laws in the United States just grew even more complicated. On February 24, 2016, the U.S. Department of Labor (DOL) added yet another set of paid leave obligations to the...more

DOL Issues Proposed Rule on Paid Sick Leave for Government Contractors

As we previously reported, the U.S. Department of Labor (“DOL”) released a proposed rule on February 25, 2016 to implement Executive Order 13706, which requires federal contractors and subcontractors to give their workers...more

DOL Issues Proposed Rules Implementing Federal Contractor Sick Leave Mandate

In September, President Obama issued an executive order requiring that certain federal contractors provide their employees with a minimum of seven days paid sick leave per year. On February 24, the Department of Labor issued...more

One Very Good Reason to Make Sure Your Contractor is Licensed

I know how the thinking goes . . . Other than providing you with some marginal assurance that the work performed by your contractor (or subcontractor, in the case of general contractors) will be up to snuff, why do you...more

Proposed Regulations Issued for Paid Sick Leave Executive Order

As previously reported on this blog, President Obama signed Executive Order 13706 in September 2015, requiring certain federal contractors and subcontractors to provide at least seven paid sick days per year to employees...more

Under Construction - March 2016

Welcome to the first edition of our Under Construction newsletter for 2016. Indemnity laws and clauses are a big part of construction contracts. They can make or break a project. Defend and indemnify obligations have the...more

842 Results
|
View per page
Page: of 34
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×