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Construction Contracts State and Local Government Construction Project

Bond Schoeneck & King PLLC

General Municipal Law 103(16) and Cooperative Purchasing Agreements for “Public Work Projects”

This information memo is intended to provide an update on an area of law that affects many of our municipal and school district clients....more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 12, December 2024

Welcome to our year-end issue of The Site Report! As always, the construction industry is ever-changing and is impacted by extreme weather, new technology, labor issues, material and supply chain restraints, and code changes....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

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

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

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

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

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

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

ArentFox Schiff

The Effects of COVID-19 on Construction Project Completion and Mechanic Lien Filing Deadlines

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Over the past month, states and municipalities have been issuing stay-at-home orders to slow the spread of COVID-19. Depending upon the locality, certain types of construction projects have been deemed “essential” and...more

Seyfarth Shaw LLP

New York City’s Construction Shutdown: What if Your Project Is Essential or Necessary to Protect Public Health and Safety? What if...

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Seyfarth Synopsis: In the face of Governor Cuomo’s shutdown of most construction projects in New York, New York City’s Department of Buildings is permitting certain “essential” and “emergency” projects to continue through the...more

Mintz - Real Estate, Construction &...

Essential versus Nonessential Construction in the State of New York: Guidance to Real Estate Developers

In accordance with Governor Cuomo’s Executive Order 202.6 issued on March 7, 2020, and the Guidance on Executive Order 202.6 issued on March 27, 2020, all non-essential construction is suspended in the State of New York. ...more

Pierce Atwood LLP

Claims against RIDOT – Important Judicial Decisions in 2019

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The Rhode Island Superior Court came down with a few interesting decisions this year concerning Rhode Island General Law Section 37-13.1-1.  That statute deals with actions against the State of Rhode Island on Highway and...more

Seyfarth Shaw LLP

Illinois Expands Protections Under the Contractor Prompt Payment Act by Imposing New Restrictions on Retainage

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The Illinois Contractor Prompt Payment Act, 815 ILCS 603/1, et seq. (the “Act”) was first enacted in 2007 and designed to safeguard contractors and subcontractors on private projects by providing a mechanism to expedite...more

Troutman Pepper Locke

Increased Reporting Requirements for Contractors - Even if All Claims Are Settled

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For most professionally licensed groups, reporting requirements are the norm, not the exception. In fact, it is commonplace for boards to require licensees to report judgments, settlements and convictions that may reveal...more

Robinson+Cole Construction Law Zone

Will Strict “No Damages for Delay” Clauses Be Outlawed on New York Public Construction Projects? Stay tuned.

For years, general contractors and trade contractors have faced very strict “no damages for delay” clauses on New York State construction projects. The tides are changing. If signed into law, S. R. 06686, Reg. Sess....more

Bradley Arant Boult Cummings LLP

Florida Statutory Limitation on Indemnity Does Not Apply to Excavation Subcontract on Utility Line Project

Fla. Stat. § 725.06 limits the scope of indemnification provisions in construction contracts. Specifically, the statute limits the ability of an indemnitee (e.g., owner) to require an indemnitor (e.g., contractor) to...more

Womble Bond Dickinson

Developer-Buyer Beware: Calling Assumed Improvement Bonds In North Carolina Can Be Complex

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In 2007, Developer Clarion-Reames, LLC (“Clarion”) sought to construct a residential housing development in Charlotte, North Carolina. Clarion received final approval from the City to record plats for Phase I section of the...more

Ruder Ware

Public Construction Contracts - Changes

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The Wisconsin Legislature is considering a new bill that would significantly change requirements for competitive bidding of public construction contracts by local government units and school districts. Currently, school...more

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