News & Analysis as of

Construction Contracts Public Works Subcontractors

Brownstein Hyatt Farber Schreck

Colorado Decision Results in Major Changes for Public and (Possibly) Private Construction Professionals

A recent Colorado Court of Appeals sent ripples through the Colorado construction industry. In Ralph L. Wadsworth Constr. Co., LLC v. Reg’l Rail Partners et al. the Court of Appeals interpreted Colorado’s Public Works Act to...more

Miller Nash LLP

Retention Reform Bill Passed in Washington for Private Construction Projects

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A recent Washington Bill 5528, sponsored by the Northwest Wall and Ceiling Contractors Association and the American Subcontractors Association of Washington, along with many other industry trade groups, successfully passed...more

Seyfarth Shaw LLP

New Statutory Payment Regime for Public and Private Works in Virginia

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For general contractors working in Virginia, 2023 marks the end of one of the more prolific contractual rights available—the pay-if-paid defense. Until now, pay-if-paid clauses were a valid means of shifting to subcontractors...more

Robinson+Cole Construction Law Zone

Connecticut Superior Court Holds That “Slaughter Clauses” Cannot be Added to Public Works Subcontracts Under Connecticut General...

While you may not have heard the term “slaughter clauses” to describe the provisions of a construction contract before, the metaphor makes sense when one considers the provisions to which the Connecticut Superior Court...more

Seyfarth Shaw LLP

Project In(Site): Legal Developments Impacting Construction & Government Contract Industries

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Welcome to the inaugural issue of Project In(Site), Seyfarth’s Construction and Government Contracts practice groups’ publication focusing on decisions or other items of interest for construction and government contract...more

Bradley Arant Boult Cummings LLP

Contractor’s Repeated Material Breach Excuses Subcontractor From Further Performance

The Appellate Division of the Supreme Court of New York in U.W. Marx, Inc. v. Koko Contracting, Inc. affirmed judgment in favor of a subcontractor, holding that the general contractor’s failure to make three successive...more

Snell & Wilmer

Arizona State Legislature Expands Prompt Payment to Design Professionals on Public Works Projects

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Arizona law has long protected the rights of contractors, subcontractors and suppliers to prompt payment. However, all such protections have not extended to design professionals. For example, in 2013, the Arizona Court of...more

Snell & Wilmer

Tips for Suspending Work for Non-Payment without Getting Fired

Snell & Wilmer on

All work and no pay making you crazy? A temporary suspension of work may be an appropriate self-help remedy for an owner’s or contractor’s non-payment. Although termination of the contract for the material breach of...more

Baker Donelson

Does the 72-Hour Rule Allow a Contractor in Maryland to Fix a Mistake in its MBE Participation Schedule After Bid Opening?

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A recent Maryland Board of Public Works meeting addressed whether the state has flexibility in applying minority business enterprise (MBE) regulatory requirements in State contracts....more

Foley & Lardner LLP

Changes to California Prevailing Wage Law: Implications for Solar Projects

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Recent changes to California’s prevailing wage laws highlight the importance of complying with them. Prevailing wage laws are aimed at ensuring that a contractor’s ability to win a public works contract is not based on paying...more

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