Subcontractors Notice Requirements

News & Analysis as of

Leaning In – Pennsylvania Refining the Mechanic’s Lien Law

Pennsylvania has continued to refine its mechanic’s lien law in recent years, and next year will bring the most sweeping changes ever for owners and contractors that work on larger projects....more

Paid Sick Leave for Federal Contractors Final Rule—Prognosis and Practical Challenges

Seyfarth Synopsis: The United States Department of Labor’s Final Rule on paid sick leave requirements for many federal contractors, which was published on September 30, 2016, will apply to covered contracts beginning on...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

Internal Confidentiality Agreements: 5 Things all Government Contractors Need to Know About the New Proposed FAR Rule

On January 22, 2016, the Federal Acquisition Regulatory (FAR) Council issued a Proposed Rule prohibiting government contractors from using internal confidentiality agreements to restrict employees or subcontractors from...more

Proposed Rule Would Restrict Confidentiality Agreements Between Contractors and Their Employees

On January 22, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration proposed a new rule that would amend the Federal Acquisition Regulation to implement a section...more

“BLACKLISTING” OR “BAD ACTOR” Executive Order 13673

Officially known as the “Fair Pay and Safe Workplaces” Executive Order, Executive Order 13673 now consists of proposed guidance from the Department of Labor (“DOL”) and proposed regulations from the Federal Acquisition...more

Contractor’s Repeated Material Breach Excuses Subcontractor From Further Performance

The Appellate Division of the Supreme Court of New York in U.W. Marx, Inc. v. Koko Contracting, Inc. affirmed judgment in favor of a subcontractor, holding that the general contractor’s failure to make three successive...more

Construction Licensing – Substantial Compliance – Settlements and Suspension of License

Pacific Caisson & Shoring, Inc. v. Bernards Bros. Inc. - Court of Appeal, Second Appellate District (May 18, 2015) - Business and Professions Code Section 7031 precludes a contractor from maintaining any action...more

Arizona Court of Appeals Interprets Stricter Requirements for Payment Bond Claimants

Arizona has long protected the rights of subcontractors and material suppliers to seek recovery from the payment bond surety on public bonded projects. Arizona’s Little Miller Act, A.R.S. § 34-223, provides that claimants...more

Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

Cemex v. Falcone Bros. On April 30, 2015, Arizona’s most common construction industry practice for serving a Preliminary Twenty Day Notice (“Prelim”) on an Arizona public project — first class mail with certificate of...more

Reminder for N.Y. Employers: Significant Labor Law Amendments Take Effect February 27

As we previously reported, the New York State Legislature last June passed a Bill, intended to revitalize the Wage Theft Prevention Act (WTPA), that proposed significant changes to the state’s labor laws. Among other things,...more

The One New Year’s Resolution You’ll Want to Keep if You’re Involved in Public Works Projects

New Year’s resolutions are hard to keep. In fact, studies (which I have a sneaking suspicion may have been paid for by the tobacco, donut and vacation timeshare lobbies) have found that only 8% of New Year’s...more

Talk is Cheap – Promises to Pay Are a Poor Substitute for Adherence to Contractual Notice Provisions

A recent Wyoming case – JEM Contracting, Inc. v. Morrison – Maierle, Inc. – serves as a reminder to contractors and subcontractors of the importance of following the contractual requirements for notice when differing site...more

Executive Order May Block Contractors with Labor Violations from Receiving Federal Contracts

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Executive Order”) that requires contractors to (1) disclose recent violations of various workplace laws before being awarded federal...more

D.C. Council Seeks To Amend Wage Theft Prevention Act

Executive Summary: The D.C. Council is seeking to amend the D.C. Wage Theft Prevention Act less than one year after the last amendment. If passed, the amended law would substantially increase penalties...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

Lien on Me? A Synopsis of South Carolina Lien Law

What is a Mechanic’s Lien? In South Carolina, construction liens, called mechanic’s liens, are automatically created by statute to protect anyone “to whom a debt is due for labor performed or furnished or for materials...more

Federal Contractors Not Impacted By NLRB-Related Notice Posting Rule Decisions

Earlier this month, we reported that the D.C. Circuit rejected the National Labor Relations Board’s (NLRB) “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s...more

The HIPAA Omnibus Final Rule—Data Privacy and Security Implications for Business Associates and Covered Entities

On January 17, 2013, the Office for Civil Rights (‘‘OCR’’) of the U.S. Department of Health and Human Services (‘‘HHS’’) published the HIPAA Omnibus Final Rule (‘‘Final Rule’’) which OCR has trumpeted as carrying ‘‘the most...more

Countdown Begins for HIPAA Omnibus Rule Compliance

The HIPAA Omnibus Rule goes into effect today, which officially starts the clock for covered entities, business associates, and their subcontractors to begin updating their agreements, forms, policies, procedures, and...more

Changes Taking Effect to North Carolina Lien and Bond Laws

The rules are changing when it comes to North Carolina lien and bond laws. And, the new provisions are substantially altering the way in which all parties involved in lien rights – from owners, buyers, and sellers to general...more

New HIPAA Regulations Require Action by Group Health Plans

Final HIPAA privacy and security regulations issued by the U.S. Department of Health and Human services will require action by group health plan sponsors by September 2013....more

Highlights of the Omnibus HIPAA/HITECH Final Rule

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

Special Edition: Health Law Update - February 28, 2013

In This Issue: - A Baker's Dozen of Significant Changes From the HIPAA/HITECH Rule 1. Business Associates and Subcontractors 2. Breach Notification 3. Covered Entity Organizational Structures 4. Cloud...more

The New HIPAA Omnibus Rule & Your Liability — A Detailed Review

As we have reported in this blog, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently released final regulations containing modifications to the HIPAA Privacy, Security, Enforcement, and...more

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