News & Analysis as of

Construction Contracts State and Local Government

Shutts & Bowen LLP

Florida’s New Statutory Home Warranty: What Home Builders Need to Know

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Florida Governor Ron DeSantis recently signed H.B. 623 into law on April 15, 2024, creating a new section 553.837, Florida Statutes, which will require builders to provide a one-year warranty for all newly constructed homes. ...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 5, May 2024

Welcome to our fifth issue of 2024 for our construction industry insights e-newsletter - The Site Report. In our Ask the Attorney segment at the bottom of this e-newsletter, we tap Jonathan Deasy, Senior Attorney in our...more

Cozen O'Connor

New York Note – Tin Cup Day and City Legislation

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Mayor Adams and several other mayors throughout New York State testified at the state’s joint legislative budget hearing for local governments. Also known as “Tin Cup Day,” local governments submit their requests for...more

Bradley Arant Boult Cummings LLP

West Virginia Supreme Court Offers Guidance on Contractual and Implied Indemnity Claims

The West Virginia Supreme Court of Appeals recently reversed, in part, and affirmed, in part, a lower court decision regarding dismissal of contractual indemnity and implied indemnity claims. WW Consultants was the design...more

Holland & Knight LLP

SBA Extends Moratorium on Bona Fide Office Requirements for 8(a) Construction Contracts

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The U.S. Small Business Administration (SBA) announced on Aug. 21, 2023, that it was extending its moratorium on the application of the "bona fide office" requirements for construction contracts under its 8(a) Business...more

Spilman Thomas & Battle, PLLC

Updates to the Virginia Prompt Payment Act

The Virginia General Assembly made significant amendments to general rules for construction contracts, as well as the specific rules for public entity construction contracts in the Prompt Payment Act, that largely remove the...more

Rumberger | Kirk

Win for Contractors on Start Time of Florida Construction Statute of Repose

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Last October, Rumberger attorney Jason Bullinger and attorney Dan Webster at Daniel J. Webster, P.A. obtained a win for Florida contractors, engineers, and architects in Florida by persuading a Volusia County Circuit judge...more

Butler Snow LLP

The Importance of Understanding Mississippi Contractor’s Tax

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Nothing in life is certain except death and taxes.  And if you fail to understand Mississippi’s unique contractor’s tax framework before a project begins, it is almost certain to create problems down the road....more

Pullman & Comley, LLC

Five Tips for Municipalities to Keep in Mind When Embarking on Construction Projects

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Municipalities are some of the largest land developers in the state, accounting for building projects that include everything from schools and stadiums, municipal buildings - such as fire departments or public works...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

Bradley Arant Boult Cummings LLP

Virginia Is for Lovers… of Strict Contract Language: New Law Prohibits Pay-if-Paid Clauses in Construction Contracts

Virginia has joined the growing number of states that prohibit “pay-if-paid” clauses. The new law, known as Virginia Senate Bill 550, amends Virginia’s Prompt Payment Act (Va. Code § 2.2-4354) and its relatively new (July 1,...more

Sands Anderson PC

The End of “Pay When Paid” in Virginia Construction Contracts with State and Local Governments

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“Pay When Paid” or “Pay if Paid” clauses in subcontracts have long been a thorn in the side of subcontractors. If Governor Youngkin signs into law a new bill that passed in both houses of the Virginia General Assembly, those...more

Bradley Arant Boult Cummings LLP

Texas Update: HB 1578 – Attorney’s Fees - Construction and Procurement Law News, Q3 2021

Effective September 1, 2021: HB 1578 closes the loophole of the previous version of Chapter 38 of the Texas Civil Practice & Remedies Code so that parties will be able to recover attorneys’ fees from LLCs, LLPs, LPs, or other...more

Pillsbury Winthrop Shaw Pittman LLP

Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed

Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed Source: Virginia Lawyer By James P. Bobotek 04.30.21 When preparing commercial contracts, parties strive for certainty to prevent...more

Amundsen Davis LLC

Construction Contractors Beware: Think Twice Before Paying Prevailing Wage Assessments!

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Big Labor continues to use local, state and federal prevailing wage laws to target contractors they have a “beef” with. Since most prevailing wage audits are triggered by a complaint (including 3rd party complaints), trade...more

Sherman & Howard L.L.C.

[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate...more

Perkins Coie

Completion of Construction Did Not Render Suit for Violation of Public Bidding Laws Moot

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A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the...more

Bradley Arant Boult Cummings LLP

Half of Oklahoma is Now Likely Within a Native American Reservation, What Does This Mean for Your Project?

It is rare for the holding in a single criminal case to have such far-reaching implications that it affects nearly every industry in a particular state. But that is what happened on July 9, 2020, when the United States...more

Shutts & Bowen LLP

How Evolving Technology Is Disrupting the Construction Sector

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Take a look at a construction site today and you may see drones flying overhead, robots working on buildings, and construction workers donning wearable technology that monitors their health and activity. Construction...more

Shutts & Bowen LLP

Apparently, You Can’t Have “Too Much” Competition: Florida’s First District Court of Appeals Holds “Multiple Award Procurement”...

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Florida’s First District Court of Appeals recently held in State of Fla., Agency for Health Care Administration v. Best Care Assurance, LLC, 302 So. 3d 1012 (Fla. 1st DCA 2020) (“Best Care”), that a contractor who had been...more

Shutts & Bowen LLP

COVID-Confusion: Force Majeure and Executive Orders

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Amid the unprecedented conditions that businesses have been forced to operate under, real estate and construction professionals in particular may be struggling to navigate pandemic related legal challenges in their markets....more

Bass, Berry & Sims PLC

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

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While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,...more

Bass, Berry & Sims PLC

Tennessee Enacts New Construction Legislation in 2020

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The Tennessee Construction Industry Payment Protection Act was signed into law on June 22. The Act addresses or reallocates certain risks associated with non-payment on construction projects under Tennessee’s Prompt Pay Act...more

Bradley Arant Boult Cummings LLP

New York is Pro-Choice on Forum Selection Clauses

In Somerset Fine Home Building, Inc. v. Simplex Industries, Inc., the Appellate Division of the Second Department in New York upheld a dismissal based on the plaintiff’s breach of the parties’ forum selection clause. Somerset...more

Shutts & Bowen LLP

Governor DeSantis Signs Bill to Increase Cap on Continuing Public Works Contracts

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On June 26, 2020, Governor Ron DeSantis signed fifteen bills into law, including HB 441, a revision to the allowable maximum dollar amount for continuing contracts for construction projects. Increasing the dollar cap from $2...more

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