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Construction Contracts General Contractors Subcontractors

Bradley Arant Boult Cummings LLP

Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor

A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In...more

Conn Kavanaugh

Residential Construction Projects: After Construction (Part 3)

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This article is part 3 of a series of articles discussing common considerations for homeowners before, during, and after a residential construction project. Part 3 focuses on what homeowners should look out for after...more

Stoel Rives LLP

From Lien to Clean: Addressing an Expired Lien in the Chain of Title

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One of the most common protections for laborers, contractors, suppliers, and others providing construction services or materials for a project is the right to a lien against the project property for the value of the work...more

Bennett Jones LLP

Prompt Payment Update—Alberta's Court of King's Bench Concludes Adjudicator Decisions under the PPCLA

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In 2022, amendments to the Prompt Payment and Construction Lien Act (PPCLA) introduced a prompt payment and related fast-track adjudication process. Recently, in Welcome Homes Construction Inc v Atlas Granite Inc, the...more

Carr Maloney P.C.

To Pay or Not to Pay “Rip and Tear” Damages

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Should a contractor’s Commercial General Liability (CGL) insurance policy cover the expense of uncovering defective work causing damage to the owner’s property as well as the costs of exposing or accessing damaged building...more

Stoel Rives LLP

New Law Requires Timely Payment of Undisputed Change Order Claims

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RCW 39.04.360, effective June 6, 2024, sets forth protections and assurances of payment for contractors, subcontractors, and suppliers that perform undisputed changed or additional work on both public and private construction...more

Baker Donelson

Louisiana Legislature Grants Sureties the Right to Raise Contractor Defenses, Including "Pay-If-Paid"

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Governor Landry recently signed into law two legislative acts that should allow Private Works Act and Public Works Act payment bond sureties to rely on defenses available to their general contractor principals in defense of...more

Saiber LLC

The Saiber Construction Law Column: June 2024

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Source: MetroBuilders' Construction Law Column With 24 states, including New Jersey, having legalized the recreational use of marijuana, it is not surprising that marijuana consumption poses significant challenges for all...more

Gould + Ratner LLP

Key Takeaways From Construction Roundtable on “Digging Into Pre-Construction: What Owners and Developers Need to Know When...

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The key to a successful construction project often lies in how much work you do long before the first shovel of dirt is turned. But where should an owner or developer focus their time and resources for the best possible...more

Robinson+Cole Construction Law Zone

Robinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court

Earlier this year, the Associated Subcontractors of Massachusetts hired Robinson+Cole attorney Joseph Barra to submit an amicus brief to the Massachusetts Supreme Judicial Court for consideration in the appeal pending before...more

Miller Nash LLP

[Webinar] Construction Series—Retainage Options in Oregon & Washington - July 9th, 9:00 am - 10:30 am PT

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Oregon and Washington now allow contractors and subcontractors to avoid cash retainage by posting a surety bond with the owner, on both public and private/commercial construction projects. The process is similar in both...more

Cranfill Sumner LLP

A Closer Look at North Carolina’s Anti-Indemnity Statute – and Other Defenses to Indemnity Claims in the Construction and Design...

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Have you or your clients been sued by an individual or company seeking indemnity for damages allegedly incurred? Are you wondering how to combat and defend against such a claim?...more

PilieroMazza PLLC

[Webinar] Common Scenarios Triggering False Claims Act Violations, Part 2: Construction and Workforce Issues - June 27th, 2:00 pm...

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In the second installment of our three-part webinar series, join PilieroMazza’s Matt Feinberg, Jessica duHoffmann, and Sarah Nash as they explore common FCA triggers often encountered by federal construction contractors and...more

PilieroMazza PLLC

Enforceability of Pay-if-Paid Clauses in Construction Subcontracts: Mid-Atlantic Region

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Pay-if-paid clauses are conditional payment provisions regularly included in construction subcontracts. The intent of these clauses is to shift the risk of loss from a prime contractor to its subcontractors by making a...more

Sands Anderson PC

Getting Paid as a Subcontractor is Always the Name of the Game

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General contractors and subcontractors often rely on precise contract language to guarantee payment for their work. In some cases, they may also resort to using a mechanics lien. However, a lesser-known statute in the...more

Carr Maloney P.C.

“Pay-if-paid” and “Pay-when-paid” Clauses in Virginia

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Similar to its neighbors in Maryland and the District of Columbia, Virginia has analyzed its treatment of the “pay-if-paid” or “pay-when-paid” clauses in construction contracts. Virginia previously allowed pay-if-paid clauses...more

TransPerfect Legal

Navigating the Comings and Goings of Riyadh's Construction Boom Part 1

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In the heart of the Arabian Peninsula, Riyadh stands as a testament to the ambition and dynamism of Saudi Arabia. The landscape of this bustling metropolis is constantly evolving, with skyscrapers piercing the sky and...more

Bressler, Amery & Ross, P.C.

New Jersey's Prompt Payment Act

In 2006, New Jersey enacted the “Prompt Payment Act,” codified at N.J.S.A. § 2A:30A-1, et seq. (the “Act” or “PPA”). The Act requires the prompt payment of contractors, subcontractors, sub-subcontractors, and material...more

Stoel Rives -  Ahead of Schedule

Washington Court of Appeals Upholds Assessment of Tax Liability Against Prime Contractor in Lanzce G. Douglass, Inc. v. Department...

Under Washington law, prime contractors perform construction for consumers, while speculative builders construct on property they own. The differentiation between these classifications is important because prime contractors...more

Spilman Thomas & Battle, PLLC

Clarifying Mechanics’ Lien Law

A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain...more

Gray Reed

It Doesn’t Pay to Delay: Prompt Payment Acts in Texas

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If an owner or general contractor fails to timely pay on a project, you may be entitled to prompt pay interest. Prompt payment acts are intended to deter late payments by general contractors and owners by enabling contractors...more

Stoel Rives -  Ahead of Schedule

Strategies for Getting Difficult Contracts to the Finish Line

When negotiating design and construction contracts for large projects, it is common for sophisticated parties to push to the end of their negotiations the half-dozen or so provisions that one side or the other has...more

Lasher Holzapfel Sperry & Ebberson PLLC

Do I Have a Claim Against my Contractor? Prelitigation Notice Requirements for Residential Defect Claims in Washington

When faced with a residential construction defect problem—such as water intrusion, poor workmanship, or material/design deficiencies—Washington homeowners are often left wondering whether they have a claim, who is at fault...more

Stoel Rives -  Ahead of Schedule

Washington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc.

Washington’s construction lien statute, RCW 60.04, balances the interests of persons performing work to improve real property with the interests of property owners in avoiding the necessity of paying for the same work twice....more

Carr Maloney P.C.

“Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia

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General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more

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