The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury....more
5/6/2025
/ AL Supreme Court ,
Alabama ,
Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Litigation ,
Contract Disputes ,
Damages ,
General Contractors ,
Indemnification ,
Liability ,
Subcontractors ,
Subcontracts
Retainage can be tricky in Alabama, particularly on public projects. In this post, we address retainage on public projects for public owners in the state (e.g., a governmental board, commission, agency, body, authority,...more
10/26/2023
/ Change Orders ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Interpretation ,
Contract Terms ,
General Contractors ,
Payment Schedules ,
Subcontractors
If you get into a construction dispute concerning payments made to your contractor, subcontractor, or supplier, you want to be sure that your lien waivers are enforceable in your jurisdiction. A lien waiver is an agreement...more
10/24/2023
/ Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Liens ,
Construction Litigation ,
Construction Project ,
Contractors ,
Liens ,
Subcontractors ,
Suppliers ,
Waivers
In Alabama, a lien claimant must file a lawsuit to enforce its mechanic’s lien within six months of the maturation of the entire indebtedness in the Alabama state circuit court in the county where the subject property is...more
3/15/2023
/ Alabama ,
Construction Industry ,
Construction Project ,
Contractors ,
Enforcement Actions ,
Jurisdiction ,
Liens ,
Mechanics Lien ,
Out-of-State Companies ,
Out-of-State Residents ,
Subcontractors ,
Subject Matter Conflicts
Depending on the state, retainage often provides an owner a security interest in unpaid funds to help cover completion costs or other damages that may later occur by withholding a certain portion (typically 5-10%) of contract...more
Any time a contractor receives a notice to cure, it should tread carefully and review its contract to determine its response. Recently, the Georgia Court of Appeals evaluated a case in which the general contractor terminated...more
Generally, the government has immunity from being sued with some exceptions grounded in statute or case law. Having a contract with the federal government is one such exception, and an interrelated exception falls under the...more