A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to...more
A Texas appellate court recently ruled that an owner properly terminated its contract with a contractor, despite the owner’s failure to provide the contractor notice and an opportunity to cure. See TPG (Post Oak) Acquisition,...more
A recent Massachusetts trial court decision ruled that any objections to a payment application are waived unless a reviewing owner or contractor strictly follows the Massachusetts Prompt Payment Statute, Prompt Payment Act,...more
On May 12, 2020, the United States Eight Circuit Court of Appeals, applying Missouri law, rejected a contractor’s contention that its commercial general liability (CGL) policy provided coverage for claims arising out of the...more
A recent decision from the D.C. Circuit Court of Appeals provides notice to construction performance bond owners and sureties that a bond owner may forfeit its rights under a bond if timely notice of default is not provided...more
From environmental risks and shifting OSHA regulations to community engagement and emerging workplace issues involving medical marijuana use, the construction industry faces many challenges. ...more
A recent Federal Court summary judgment decision provides a stark warning for contractors and owners to adequately secure their construction sites, or risk denial of insurance coverage. ...more
Until last week, Contractors in Massachusetts only could succeed on a breach of contract claim if the contractor proved complete and strict performance of all contractual terms. Furthermore, a contractor only could recover...more
Construction owners often require their contractors to name the owner as an additional insured on the contractor’s insurance policy. But what happens when the owner requires the contractor to name the owner’s construction...more
A recent decision from the Northern District of Ohio denied insurance coverage for claims involving construction delays, breach of contract, and property damage claims. See Maxum Indemnity Co. v. The Robbins Co., No. 1:17 CV...more
The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors.
In August 2015, the Attorney...more
10/13/2015
/ Architecture ,
Community Development ,
Compliance ,
Construction Industry ,
Contractors ,
DBE/MBE ,
Design-Build ,
Educational Institutions ,
False Claims Act (FCA) ,
Federal Contractors ,
Interference Proceeding ,
Minority-Owned Businesses ,
Negligent Misrepresentation ,
No Damage For Delay ,
School Districts ,
Universities ,
Urban Planning & Development ,
Women-Owned Businesses
Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more
9/3/2015
/ American Arbitration Association ,
Arbitration ,
CASPA ,
Competitive Bidding ,
Construction Industry ,
Contractors ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Federal Contractors ,
Inside Information ,
Joinder ,
Mediation ,
Natural Gas ,
PA Supreme Court ,
Prompt Payment ,
Public Private Partnerships (P3s) ,
Public Projects ,
Subcontractors ,
Telecommunications ,
Wireless Industry
In This Issue:
- Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions
- Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more
5/5/2015
/ Arbitration ,
Attorney's Fees ,
Competitive Bidding ,
Construction Contracts ,
Construction Industry ,
Construction Site ,
Contractors ,
General Contractors ,
New Legislation ,
PA Supreme Court ,
Public Private Partnerships (P3s) ,
Site Condition Claim
On November 19, 2013, the Associated Builders and Contractors (“ABC”) filed a lawsuit seeking to prevent the implementation of new federal regulations affecting employers with more than 50 employees and with more than $50,000...more
In a decision under the Uniform Commercial Code (“UCC”) that could apply in any state, the Massachusetts Supreme Judicial Court (“Court”) ruled this month that when a general contractor agrees to an assignment of payments to...more