While the process for filing and perfecting a mechanic’s lien (also called a construction lien in certain states) varies from state to state, federal bankruptcy law applies to all states. As a result, a bankruptcy filing by...more
In a win for insurers, the Massachusetts Supreme Judicial Court (“SJC”) ruled on June 22, 2017 that a duty to defend does not require insurers to fund an insured’s counterclaim, even if it is “inextricably intertwined” with a...more
A Massachusetts trial court judge sitting in the Business Litigation Session recently issued a decision, in Oxford Global Resources, LLC v. Hernandez (1684CV003911-BLS2) (June 9, 2017), refusing to enforce Massachusetts...more
The use of drones on construction projects is increasing rapidly, as the construction industry realizes their many beneficial uses, including: collecting and analyzing aerial imagery; surveying; digitizing geographic terrain;...more
Use of Drones Increasing in Construction Industry -
Affordable and easy-to-fly, small unmanned aircraft systems (sUAS), commonly referred to as “drones,” now are widely available for consumer purchase and use. Companies...more
12/9/2015
/ ANSI ,
Cost-Shifting ,
Drones ,
Federal Aviation Administration (FAA) ,
General Contractors ,
OSHA ,
Public Private Partnerships (P3s) ,
Section 333 Exemption ,
Skilled Laborers ,
Temporary Employees ,
Unmanned Aircraft Systems ,
Water
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
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....more
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
In This Issue:
- Retainage limited to 5 percent in Massachusetts: Outlier or coming to your state?
- Pennsylvania overhauls mechanic’s lien law with creation of state construction notices directory
-...more
On June 9, 2014, the United States Supreme Court, in CTS Corp. v. Waldburger, ruled that an individual state’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of...more
In This Issue:
- Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims
- Fifth Circuit Court...more
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 This Issue:
- Wisconsin Court of Appeals: Insurer Does Not Commit Bad Faith by Refusing to Pay the Undisputed Portion of an Insured’s Claim Where the Policy Does Not Require Payment
- Southern District of...more
In This Issue:
- Eastern District of Pennsylvania: Insurer’s “Paid When Incurred” Practice is Not Bad Faith or a Violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
- California Court...more
CONTENTS
- Northern District of Texas: No Bad Faith for Denying Property Damage Claim Due to Insured’s Failure to Allow Insurer More Than a Day’s Time for Inspection Prior to Insured’s Remediation
- District of...more
In This Issue:
- Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith
- New York Court...more
In This Issue:
- Southern District Of Ohio: Insurer Does Not Commit Bad Faith By Voiding Policy Due To Insured’s Failure To Promptly And Fully Cooperate With Insurer’s Fire Investigation
- Pennsylvania Court...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
In This Issue:
CONTENTS
- Southern District Of California: Excess Insurer Liable For Bad Faith For Two Month Delay In Responding To Insured’s Demand To Either Pay Negotiated Settlement Or To Take Over Insured’s...more
In This Issue:
- Florida Court Holds That Insurer’s Claim File, Including Log Notes And Internal Emails, Is Protected By Work Product Protection pages 1 - 2
- Southern District Of Mississippi: Insurer Has Right to...more