News & Analysis as of

Contractors

General Contractors Now Liable In Private Construction For Wage And Fringe Benefit Liabilities Of Subcontractors

by Weintraub Tobin on

On October 14, 2017, California Governor Jerry Brown signed AB 1701. This law imposes liability on general contractors for wage and fringe benefit liabilities of its subcontractors. This law applies to all contracts entered...more

California Governor Approves Three More Employment Laws: “Ban The Box”; Expansion of Sexual Harassment Training; and Contractors...

The deadline for California Governor Jerry Brown to sign new bills into law officially expired October 15, 2017. In addition to signing five bills last week, the Governor signed three more employment-related bills into law...more

Mechanic's Liens 101: Ways to Avoid Them

by Faegre Baker Daniels on

A mechanic’s lien is a powerful tool for many construction participants on private projects and a major source of risk for owners. A mechanic’s lien is an involuntary lien and a statutory right that protects contractors,...more

Four Key Takeaways From Anchin's State Of The Construction Industry Event

by Tarter Krinsky & Drogin LLP on

The annual Anchin State of the Construction Industry event brought together major players in the construction community to discuss issues impacting the sector in New York City. Here, Construction partner Laurie Stanziale...more

The Importance of Strictly Complying with Notice Requirements on Australian Projects

by Jones Day on

The Situation: Australian courts have regularly maintained that contractors must strictly comply with any express conditions for extra time or money under construction contracts, including conditions requiring written notice...more

Federal Circuit Clarifies Requirements for Government-Furnished Estimated Quantities

Agility Defense & Government Services, Inc. v. United States provides hope to contractors that incur higher than anticipated costs on a requirements contract or, alternatively, on construction contracts where line item prices...more

Concurrent delay and the 'prevention principle'

by White & Case LLP on

In a judgment issued earlier this week, the English High Court considered whether a contract excluding any claim for an extension of time in respect of periods of concurrent delay caused time to be rendered "at large" due to...more

Business Succession for Real Estate Companies

Planning for a business succession – sale or transition of a business to new owners – is as important as planning for business formation or business operations. In our experience, however, planning for business succession is...more

Contractors: Protect your Investment in Materials

Have you ever been in a situation where your subcontractor or fabricator did not have the financial ability to purchase material needed for a project? Have you ever offered your assistance by way of either directly purchasing...more

The Fifth Circuit Rejects the DOJ’s Attempt to Charge Black Elk Contractors with OCSLA Felonies

by Liskow & Lewis on

In the aftermath of a 2012 platform explosion in the Gulf of Mexico in which three workers were killed, the Department of Justice ultimately indicted the contractors who supervised the work (along with the lease holder, Black...more

Assignment Of Accounts Receivables And Factoring Agreements In The Construction Industry: How Can They Affect An Owner/Developers...

It is not uncommon that companies with cash flow problems or those that have a desire to be paid on expedited terms assign their accounts receivables as collateral for a secured loan or they factor them. This can happen in...more

Washington Mechanic’s Liens: How Recent Changes Impact Contractors

Construction contracting is a complex business. Whether you are the owner, contractor, or general contractor on a project, your attention must shift between numerous moving parts, regulatory requirements, and deadlines as the...more

Contractor Assumes Non-Delegable Duty of Care for Safety of All Project Employees Through Standard Form Contract - Construction...

The construction industry’s use of standard form contracts (such as the AIA family of documents) is widespread and provides parties with consistent terms that govern their respective project obligations and the allocation of...more

After the Storm: Issues in the Construction Process

We previously discussed several post-storm employment issues to be mindful of, but what about important considerations for the rebuilding process? Once floodwaters have receded, power has returned and cleanup has begun, the...more

Avoiding the Storm After the Storm - 10 Things the Construction Industry Should Do Right Now to Move Projects Forward After Harvey...

by Dorsey & Whitney LLP on

Hurricanes Harvey and Irma once again have forced the construction industry to focus on best practices for responding to force majeure events. Now is the time to put into action an effective recovery plan with the aim of...more

Are Contractor Joint Ventures the Next Development in Development?

by Reed Smith on

The construction industry is witness to some fascinating developments, particularly around trophy properties in prime US coastal cities. Within the US –and California particularly- we’re seeing a large number of reputable,...more

Handling Assignment of Benefit ("AOB") Claims in the Wake of Hurricanes Irma and Harvey

Hurricanes Irma and Harvey have damaged large areas of Florida, Texas, and Louisiana, as well as brought heavy rain and wind to Georgia, North Carolina, and South Carolina. As insurers handle thousands of property damage...more

Practical Tips for Owners and Contractors Impacted By Hurricanes Harvey and Irma

by Seyfarth Shaw LLP on

Anyone watching what has happened in Houston, and what is predicted to happen in Florida, immediately thinks about the safety and well-being of those affected by Hurricanes Harvey and Irma. Once the rain stops, the water...more

Government Contractor Awarded Attorney Fees for Defending Against “Unreasonable” FCA Claim

by Dorsey & Whitney LLP on

The U.S. Court of Appeals for the Sixth Circuit recently concluded that a contractor should obtain an award of attorney fees for having to defend against an “unreasonable” False Claims Act (“FCA”) suit. In United States ex....more

Contracting Under Federal Procurement Requirements After Hurricane Harvey

by Baker Donelson on

As impacted public entities and non-profits begin the long road to recovery after Hurricane Harvey, it is critical that they do not overlook or ignore compliance with important regulatory requirements upon which federal...more

Appeals Court Finds Manuscript Additional Insured Endorsements Ambiguous Regarding Completed Operations Coverage for Additional...

In Pulte Home Corp. v. American Safety Indemnity Co. (No. D070478; filed 8/30/17), a California appeals court found that manuscript additional insured endorsements on construction subcontractors’ policies were ambiguous...more

Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

by Snell & Wilmer on

On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The...more

OSHA and Workplace Violence: What Contractors Need to Know

Although most contractors go to great lengths to promote jobsite safety, the fatal injury rate in the construction industry – which employs almost 6.5 million people – still exceeds that of any other U.S. industry. The...more

UK Supreme Court upholds fitness for purpose warranty

by White & Case LLP on

Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warranted a twenty year service life, via a fitness for purpose...more

New AIA 2017 Construction Contracts, Part II: General Conditions of the Contract

by Miller Canfield on

[This is Part II of a four-part series discussing the new AIA 2017 forms. Part I discussed the agreements between the Owner and Contractor (A101-2017 and A102-2017); Part III will discuss the Owner—Architect forms (B101-2017,...more

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