News & Analysis as of

Subcontractors Progress Payments

Tonkon Torp LLP

Construction Contract Tip – How Can Owners Make Sure Subcontractors Are Paid?

Tonkon Torp LLP on

In my last post, I discussed ways subcontractors can protect themselves from waiving their right to lien before the owner pays. However, what if an owner pays its general contractor (GC), but the funds never make it to the...more

Morrison & Foerster LLP - Government...

Initial Thoughts On The 2021 NDAA’s Procurement Provisions

Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the...more

Jones Day

Will Changes Reduce Confusion in New South Wales Security of Payment Laws? - Participants in the NSW construction industry need to...

Jones Day on

On October 21, 2019, significant changes to New South Wales ("NSW") security of payment laws come into effect with the commencement of the Building and Construction Industry Security of Payment Amendment Act 2018 and...more

PilieroMazza PLLC

Weekly Update Newsletter - September 2018 #2

PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - House Small Business Committee Calls for a Status Update on FAR Revision of Limitations on Subcontracting. Last week, House Small Business Committee Chairman Steve Chabot and Ranking...more

Bradley Arant Boult Cummings LLP

Subcontractor Pass-Through Claims Are Vulnerable to the Severin Doctrine

Two recent decisions – one from the U.S. Civilian Board of Contract Appeals and the other from the U.S. Court of Federal Claims – provide opposing holdings on whether the government can raise a “Severin doctrine” defense to...more

K&L Gates LLP

Lessons in Fraud, Preconditions to Progress Payments and the Right of Setoff: Hutchinson v Glavcom

K&L Gates LLP on

The NSW Supreme Court recently handed down its decision in the matter of J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126, in which K&L Gates represented Glavcom. The decision sheds light on numerous issues, including...more

Bradley Arant Boult Cummings LLP

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

Cohen Seglias Pallas Greenhall & Furman PC

Pennsylvania Supreme Court Clarifies Applicability of Contractor and Subcontractor Payment Act

Last week, the Supreme Court of Pennsylvania issued a decision which has important consequences for all members of the construction industry involved with public works projects. In Clipper Pipe & Service, Inc. v. The Ohio...more

Troutman Pepper

New York Appellate Division Holds That Subcontractor’s Failure to Give Cure Notice Before Stopping Work Did Not Bar Recovery...

Troutman Pepper on

U.W. Marx, Inc. v. Koko Contracting, Inc., No. 518611, 2015 N.Y. App. Div. LEXIS 600 (N.Y. App. Div. Jan. 22, 2015) - The Appellate Division of the Supreme Court of New York affirmed judgment in favor of a...more

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