News & Analysis as of

Contractors

Pay IF Paid: It Means What it Says - Construction and Procurement Law News, Q1 2018

Pay when paid clauses are common in the construction industry. A typical pay when paid clause sounds something like this: “Prime Contractor will not pay Subcontractor until Prime Contractor receives payment from Owner.” ...more

Unstable Foundations: Following Industry Standards During Design Not Enough to Absolve Design/Build Contractor of Liability -...

MT Højgaard A/S (Respondent) v E.ON Climate & Renewables UK Robin Rigg East Limited, involved the construction of foundation structures for an offshore wind farm. The Supreme Court of the United Kingdom analyzed whether a...more

Contractor Denied Insurance Coverage for Delay, Contract, and Property Damage Claims

A recent decision from the Northern District of Ohio denied insurance coverage for claims involving construction delays, breach of contract, and property damage claims. See Maxum Indemnity Co. v. The Robbins Co., No. 1:17 CV...more

Choosing a Damages Methodology for Certain Construction Claims

In any construction dispute resolution process, not only does a claimant have to prove liability of the other party, but the claimant must also prove damages to prevail on its claim. The proof of damages element to...more

The California Second Appellate District Revisits the “Retained Control” and “Hazardous Condition” Exceptions to Privette

by Low, Ball & Lynch on

Luis Gonzalez v. John R. Mathis, et al. - Court of Appeal, Second District (February 6, 2018) - The Privette doctrine, protects the hirers of independent contractors from liability for workplace injuries involving...more

"ITIN Contractors" – What North Carolina Construction Companies Need to Know to Minimize Risk

by Ward and Smith, P.A. on

As explained in an earlier article, the North Carolina Department of Revenue (the "NCDOR") has aggressively audited North Carolina construction companies on the issue of whether they are properly withholding with respect to...more

Contract Change #1- Insurance in the A201 (law note)

by Melissa Dewey Brumback on

At last, we have arrived at the Top Change in the AIA A201— and it deals with the subject that everyone loves to hate (until they need it!), Insurance....more

Rebuilding Texas: Construction Manager-Agent and Construction Manager-at-Risk

Texas public procurement statutes allow for several alternative delivery methods on public projects. This article explains how Texas public procurement statutes regulate the Construction Manager-Agent and the Construction...more

Texas Supreme Court Holds Attorney’s Fees are Not Recoverable Under the Texas Construction Trust Fund Act.

In an opinion delivered last week, the Texas Supreme Court held that attorney’s fees are not recoverable under the Texas Construction Trust Fund Act. Dudley Construction, Ltd. v. ACT Pipe and Supply, Inc., No. 16-0651 (Tex....more

In Site - Spring 2018 Edition

by K&L Gates LLP on

Welcome to the Spring edition of “In Site”. This edition provides an update on the new 2017 FIDIC suite of contracts as well as brief case notes on recent interesting and important cases dealing with: - entitlement to an...more

Washington Court of Appeals Dismisses Oregon Contractor’s Collection Action for Failure to Strictly Comply With Registration...

by Lane Powell PC on

In an unpublished opinion filed April 3, 2018, in HNS, Inc. v. Eagle Rock Quarry, et al., Cause No. 34695-1-III, Division Three of the Washington Court of Appeals dismissed a contractor collection action finding that the...more

Contract Change #6: Notice Provisions in the A201 (law note)

by Melissa Dewey Brumback on

Today’s Contract Change is an important one having to do with Notice provisions in the AIA A201....more

Solar Energy: California-Appellate Court Addresses Contractor Licensing Issue

A California Court of Appeals addressed whether a company that sells solar energy to homeowners is required to have a contractor’s license when it “arranges for” a licensed contractor to install the solar energy system and...more

Repair and Remodeling Contracts after a Natural Disaster

Out-of-town contractors performing disaster remediation in Texas need to be aware of Chapter 58 of the Texas Business and Commerce Code and its impact on post-natural disaster construction contracts. Disaster remediation...more

Limited Power of Attorney No Substitute for AOB in Texas

by Zelle LLP on

When an insured suffers a loss, they sometimes do not have the resources up front to make the repairs to their property. In many states, an insured can hire a contractor to perform the work in exchange for a post-loss...more

Employment Law - March 2018 #2

California Supreme Court Provides Clarification When Calculating Overtime Rate - Why it matters - In an employee-friendly opinion, the California Supreme Court set forth the calculation of a worker’s overtime pay rate...more

Contractor Licensing Requirements: Ignore at Your Peril

On March 9, 2018, the Georgia Court of Appeals reaffirmed the applicability of Georgia’s contractor licensing requirements (Ga. Code, Title 43, Ch. 41) to residential and general contractors. In Baja Properties, LLC v....more

Potential Gaps in Indemnity Coverage

Indemnity agreements are standard in most construction contracts. These provisions generally require contractors to indemnify others for personal injury claims made by the contractor’s employees against other parties on the...more

OFCCP Issues First Directive Under Trump Administration

Since the beginning of the Trump Administration, federal contractors have been waiting to see what changes the new administration would make to the Office of Federal Contract Compliance Programs (“OFCCP”). Thus far, the...more

Limit of a General Contractor's Liability Under the Common Work Area Doctrine

by Clark Hill PLC on

The Court of Appeals, in the recent decision Cockfield v. Sachse Construction & Development Corporation, et al., has again analyzed the affirmative obligations a general contract has to ensure the safety of subcontractors’...more

The Residential Construction Liability Act may Affect your Post-Harvey Dispute

In the wake of Hurricane Harvey and other episodes of flooding in Texas, many Texans are currently engaging residential contractors for the repairs and/or renovations of their damaged homes. Unfortunately, some of these...more

Ways to Make Sure the Indemnity Clause You Just Negotiated Is Not Your Enemy

When indemnity is mentioned, most owners, designers and contractors think of protection from third party claims asserted by parties with whom they have no contractual privity. However, depending on the language used,...more

Oyster Bay’s Code Provision Linking Building Permits To Qualified Apprenticeship Programs Enjoined

by Farrell Fritz, P.C. on

Several Long Island municipalities have local laws that peg the issuance of certain building permits to a requirement that contractors and subcontractors be participants in a “qualified apprenticeship program” that is...more

Contractor Recovery of Overhead Expenses – Eichleay Claim

When contractors perform work and incur delays on a project, one often overlooked possible claim is for lost home office overhead. Home office overhead includes home office (not project site) rental or ownership costs, taxes,...more

When Calculating Lien Periods, it’s Convenient to be Prevenient

by Field Law on

Are you out of time to register your lien? It depends! Under section 41 of the Builders’ Lien Act (the “BLA”) a lien must be registered within 45 days (or 90 days for an oil or gas well or well site) after the last day...more

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