Subcontracts

News & Analysis as of

Juvenile Court Schools, Reporting Allegations of Misconduct Against Certificated School Employees, and Bidding Practices under the...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Juvenile Court Schools—AB 631 - AB 631 amends Education...more

Florida Supreme Court Rules an Insured Can Use Payments from a Third Party to Satisfy a Self-insured

On February 6, 2014, in Intervest Construction of Jax, Inc., et al. v. General Fidelity Insurance Company, the Florida Supreme Court held that an insured can use payments from a third party to satisfy a self-insured retention...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

CMS Medicare MLR Final Rule Creates New Obligations and Risks

The Centers for Medicare & Medicaid Service’s release of the final Medicare medical loss ratio regulations allows Medicare Advantage Organizations and Part D Plan Sponsors to evaluate their operations in order to come into...more

Pay-If-Paid Clauses: A Powerful Shield From Payment

Subcontracts typically contain either a pay-when-paid clause or a pay-if-paid (i.e., contingent payment) clause. A pay-when-paid clause only deals with the timing of the obligation to pay the subcontractor. ...more

Let the Seller Beware: Hospitals Treating HMO Patients Employed by the Federal Government are “Subcontractors” Governed by...

When a health plan/HMO ("Plan") provides group health coverage to employers, including the federal government, the hospitals that treat federal employees under a contract with the Plan are government "subcontractors" subject...more

Teaming Agreements Called Into Question Under Virginia Law

In 1997, the Virginia Supreme Court sent a chill down the spines of many companies operating under teaming agreements with a Virginia choice of law provision. In W.J. Schafer Associates, Inc. v. Cordant, Inc., 493 S.E. 2d 514...more

The National Defense Authorization Act of 2013 will Change Small Business Contracting and Teaming

Federal government contractors that contract or team with small businesses must become familiar with recent changes resulting from the National Defense Authorization Act of 2013, signed into law in early January (the “NDAA”)....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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