News & Analysis as of

Third-Party Subcontractors

King & Spalding

Contracting for AI Technologies - Top Five Best Practices

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Artificial intelligence (“AI”), including generative AI (“GAI”), has gained significant momentum in recent months due to its potential to transform how organizations create content, automate tasks, and provide personalized...more

Vinson & Elkins LLP

Transferring Project Design Risk

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Some construction industry commentators have urged a more integrated approach to design and construction, with equitable risk sharing and an effort to ensure that project design will benefit from the experience of companies...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL revises labor “persuader” form to require information about federal contracts, subcontracts

On July 28, the U.S. Department of Labor, Office of Labor-Management Standards, issued its final revision of Form LM-10 and a Fact Sheet. The revised form will require employers who use labor “persuaders” to indicate when the...more

Pillsbury - Policyholder Pulse blog

Subrogation 101 (and Why Should I Care?)

What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation? “Subrogation” refers to the act of one person or party standing...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 27 2023

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The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more

McGlinchey Stafford

The Bullet Point: A Commercial Law Bulletin - When can a non-party enforce a forum selection clause?

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The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Foley & Lardner LLP

CMMC 2.0 Brings Increased Flexibility — and Increased Risks — for Contractors

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Defense contractors and their subcontractors and supply chains that have been preparing for the challenge of complying with the Cybersecurity Maturity Model Certification (CMMC) recently received some welcome news from the...more

Jackson Lewis P.C.

California Legislation Signed To Extend Exemptions From AB 5 For Certain Industries

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Governor Newsom has signed Assembly Bill 1561 (AB 1561) to extend the sunset dates on the exemptions granted to licensed manicurists and construction trucking subcontractors from the provisions of Assembly Bill 5 (AB 5). AB 5...more

McDermott Will & Emery

IRS Acknowledges Limitations on Use of Outside Contractors in Audits

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Several years ago, it came to light that the Internal Revenue Service (IRS) had hired a law firm to assist with transfer pricing matters in an ongoing audit of a large corporate taxpayer. Contemporaneous with that hiring, the...more

Bass, Berry & Sims PLC

Tennessee Supreme Court Clarifies Application of the Prompt Pay Act

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On June 30, the Supreme Court of Tennessee issued an opinion interpreting the retainage provisions in Tennessee’s Prompt Pay Act (the Act). The opinion has significant implications for construction projects across Tennessee....more

Fox Rothschild LLP

West Virginia Data Privacy Bill Is CCPA+

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West Virginia has gotten into the data privacy bill game with House Bill (HB) 3159 on Consumer Data Privacy. The legislation is similar to the California Consumer Privacy Act + the following key points:...more

Troutman Pepper

Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering...

Troutman Pepper on

P.A.L. Environmental Safety Corp. v. North American Dismantling Corp. Et Al., No. 19-11630, 2020 BL 198779 (E.D. Mich. May 28, 2020) - A Michigan federal court partially granted Consumers Energy Company’s (“CEC”) motion to...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights (Issue 1, 2019)

In this edition of The Site Report, our construction law e-newsletter, we cover a variety of issues affecting our clients and the industry right now. As with each issue, we encourage you to let us know if there are topics you...more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies When a Nonsignatory Can Compel Arbitration

Generally, only signatories to an arbitration agreement can compel one another to arbitrate their claims. However, in certain situations, a nonsignatory may take advantage of an arbitration agreement between other parties....more

Burr & Forman

Two End-of-Year Federal Government Deadlines Approaching

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Significant Changes to Online Copyright (DMCA) Safe Harbor and DoD Contractor Cybersecurity (NIST 800-171) Requirements Take Effect at the End of This Year. Important Change Affecting Digital Millennium Copyright Act...more

Foley & Lardner LLP

Are You a Government Subcontractor?

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Just because your company does not contract directly with the government does not necessarily mean you are not subject to the many requirements associated with government contractors. Those who provide goods and services to...more

Haight Brown & Bonesteel LLP

Construction Law Alert: Concrete Supplier Botches Concrete Mix, Gets Thrashed By Court of Appeal for Trying to Blame Third Party

On January 8, 2015, the Second Appellate district affirmed judgment of the lower court in State Ready Mix Inc. v. Moffatt & Nichol, and barred a concrete supplier from blaming a third party consultant for the concrete...more

Spilman Thomas & Battle, PLLC

Indemnification Agreements and Insured Contracts: Why Your Business or Insurer Might Owe a Defense and Indemnity

The purpose of this article is to address potential issues and concerns that may arise between General Contractors (“GC”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as...more

Pillsbury - Global Sourcing Practice

Subcontracting in the Cloud

The rise of cloud computing services and the privacy/security issues involved have been much discussed. But when customers procure cloud-based services, a critical "behind the scenes" issue is often overlooked: is the cloud...more

Burr & Forman

Burr Alert: New HIPAA Rules Issued: “Sweeping” Changes For Healthcare Providers And Business Associates

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On January 17, 2013, the Department of Health and Human Services (“HHS”) released its long awaited final HIPAA rule, which significantly expands certain obligations for healthcare providers and their business associates (the...more

Baker Donelson

HHS Overhaul of HIPAA: Summary of New Obligations for Covered Entities and Business Associates

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On January 17, 2013, the Department of Health and Human Services (HHS) posted Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules [PDF] (the Final Rule) under the authority of the HITECH...more

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