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Construction Contracts Contractors

Woods Rogers Vandeventer Black

Now That’s A Steel: VDOT Issues Memorandum for Steel Escalation Price Adjustments

Construction material prices have been extremely volatile, negatively impacting virtually all projects. Recently, VDOT issued guidance on steel escalation, but for VDOT projects only...more

Shumaker, Loop & Kendrick, LLP

2022 Construction Industry Legislative Update

The 2022 Legislative Session saw a number of bills signed into law, effective July 1, 2022, which impact the construction industry. Below is a summary of key changes....more

Troutman Pepper

Appeals Court Construes Massachusetts Prompt Payment Act for First Time, Requiring Strict Compliance

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Tocci Bldg. Corp. v. IRIV Partners, LLC, 101 Mass. App. Ct. 133 (2022) - For the first time, the Appeals Court of Massachusetts has construed the Massachusetts Prompt Payment Act (the statute), requiring strict compliance...more

Hahn Loeser & Parks LLP

Contracting Issues for 2022 - Hahn Loeser

Contractors learned many lessons from 2020-2022 on material/labor availability, price escalation, and contractual allocations of risk. Prudent contractors will consider this in contracts moving forward....more

Saul Ewing Arnstein & Lehr LLP

Florida Court of Appeals Holds That County's "Active Interference" Overrides "No Damages for Delay" Clause

Earlier this year, the Second District Court of Appeal of Florida held that a “no damages for delay” clause “will not be enforced in the face of governmental fraud, bad faith, or active interference with performance under the...more

Troutman Pepper

NY Appellate Court Reaffirms Pay-When-Paid Provisions Are Void as Against Public Policy

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Bank of America, N.A. v. ASD Gem Realty LLC, 205 A.D.3d 1, 164 N.Y.S.3d 566 (2022). - ASD Gem Realty LLC and ASD Diamond, Inc. (together, ASD or Owner) contracted Sweet Construction Corp. (Sweet) to renovate a commercial...more

White & Case LLP

Construction Projects: Issues with Cost Estimates

White & Case LLP on

The cost of construction materials has risen like never before. This, in turn, creates pressure for parties to use cost estimates and budgets rather than "fixed price" contracts. Providing cost estimates can therefore be...more

Bradley Arant Boult Cummings LLP

Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include

How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because...more

Wiley Rein LLP

No Coverage for Loss in Consequence of Social Engineering Fraud

Wiley Rein LLP on

Applying North Carolina law, a federal district court has held that an E&O insurance policy does not provide coverage for loss arising from social engineering fraud despite the fact that the insured’s negligence also...more

Anderson & Kreiger LLP

Pay Now, Argue Later: Appeals Court Affirms Strict Interpretation of Prompt Pay Act

Anderson & Kreiger LLP on

On June 7, 2022, the Massachusetts Appeals Court affirmed a strict reading of the Prompt Pay Act, G. L. c. 149, § 29E (the “Act”) in Tocci Building Corp. v. IRIV Partners, LLC, Case Nos. 21-P-393 & 21-P-733.  That case and...more

Murtha Cullina

MA Appeals Court: Contractor's Pay Applications Deemed Approved for Owner's Failure to Comply with Prompt Pay Law

Murtha Cullina on

The Massachusetts Appeals Court has interpreted for the first time the Massachusetts Prompt Payment Act (the “Prompt Pay Law”) in the matter of Tocci Building Corporation v. IRIV Partners, LLC, et al., Nos. 21-P-393 &...more

Troutman Pepper

Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee

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The Economic Loss Doctrine and its various analogues (e.g., the Independent Duty Rule and the Gist of the Action Doctrine) vary in form and application, but each is a judge-made rule serving one principle: If a party seeks...more

Ward and Smith, P.A.

New Law Limits Broad Form Lien Waivers in Construction Projects

Ward and Smith, P.A. on

Lien rights can be one of a contractor's most important means of securing payment on any private construction project in North Carolina.  Under Chapter 44A of the North Carolina Statutes, contractors that contract directly...more

Burr & Forman

Virginia Joins 11 Other States Prohibiting Pay-If-Paid Clauses in Construction Contracts

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Virginia has joined 11 other states that have expressly prohibited “pay if paid” clauses in construction contracts. If you have construction projects in Virginia, then read on. If you want know whether your state prohibits...more

Burr & Forman

Broad Form Lien Waivers No Longer Part of the Game in North Carolina

Burr & Forman on

North Carolina Avenue is one of the hottest properties in Monopoly, says most of my kids.  And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to...more

Saul Ewing Arnstein & Lehr LLP

Illinois Joins Trend Making General Contractors Liable for Paying Subcontractors' Workers

On June 10, 2022, Governor J.B. Pritzker signed into law two related bills, HB 5412 and HB 4600, sent to him the previous month by the Illinois legislature that will hold a primary contractor (one who has a contract with an...more

Robinson+Cole Construction Law Zone

Massachusetts Appeals Court Strictly Construes Prompt Payment Act

On June 7, 2022, the Massachusetts Appeals Court issued an opinion of first impression regarding the Massachusetts Prompt Payment Act, G.L. c. 149 § 29E (the “Act”).  In Tocci Building Corp. v. IRIV Partners, LLC, Appeals Ct....more

Cohen Seglias Pallas Greenhall & Furman PC

More Details about the Virginia Governor’s Changes to the Newly Enacted Ban on Contingent Payment Provisions

Last month we wrote about Virginia Senate Bill (SB) 550, which sought to amend VA ST §§ 2.2-4354 and 11-4.6 to prohibit the use of contingent payment provisions in public and private construction projects. Since then, SB 550...more

Davis Wright Tremaine LLP

California Case Highlights Importance of Naming Proper Entities in Construction Contracts

You control two entities with substantially similar names that are general partners. You accidentally name the wrong entity in a construction contract. What could the fallout be from such a minor mistake? As a recent...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? 5 Tips for Top Gun Subcontractors (don’t get your goose cooked)

Dear YouDig?, Our “Top Gun” bid team is thrilled to have secured a prime plumbing subcontractor on a new hospital project. One problem, the general contractor trashed our form. We are stuck with a mind boggling 60 page...more

White and Williams LLP

Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and...

White and Williams LLP on

In 2700 Bohn Motor, LLC v. F.H. Myers Constr. Corp., No. 2021-CA-0671, 2022 La. App. LEXIS 651 (Bohn Motor), the Court of Appeals of Louisiana for the Fourth Circuit (Court of Appeals) considered whether a subrogation waiver...more

Tonkon Torp LLP

To Bond or Not to Bond Private Construction Jobs

Tonkon Torp LLP on

When representing clients in negotiating and drafting construction agreements for private construction work, I am often asked: Should we require the contractor to provide a bond? This question doesn’t arise on public works...more

Bricker & Eckler LLP

Eighth District Court of Appeals Confirms Strict Application of Ohio’s Prompt Pay Act

Bricker & Eckler LLP on

In Broadway Concrete Investments, LLC v. Masonry Contracting Corp., et al, Case No. CV-18-903809, 2022-Ohio-19 (January 6, 2022) the Eighth District Court of Appeals confirmed that Ohio’s Prompt Pay Act, at R.C. 4113.61,...more

Fox Rothschild LLP

New Virginia Law Attempts to Prohibit Pay-When-Paid Clauses in Construction Contracts

Fox Rothschild LLP on

Virginia has joined a small group of states that prohibit the inclusion of pay-when-paid clauses in private and public construction contracts. There are, however, some important ambiguities in the new legislation. ...more

Bradley Arant Boult Cummings LLP

Construction Law History Lesson No. 1: What Do Thomas Jefferson and Mechanics Liens Have in Common?

Construction law is NOT boring, at least that’s what I tell my daughters. In these series of posts, I will explore some of the VERY interesting historical facts about construction law that can be used at your next motion...more

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