An owner hired a contractor to make improvements on real property, but the contractor failed to pay its subcontractors or suppliers. What happens next? Under Michigan’s Construction Lien Act, contractors, subcontractors,...more
What happens when a policyholder seeks to bring an action against its insurer for violation of California’s Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq., (“UCL”)), which has a four-year statute of limitations,...more
Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more
Earlier this year, the Associated Subcontractors of Massachusetts hired Robinson+Cole attorney Joseph Barra to submit an amicus brief to the Massachusetts Supreme Judicial Court for consideration in the appeal pending before...more
In 2019, California enacted Senate (SB) Bill 707, a law codified as California Code of Civil Procedure sections 1281.98 and 1281.99, that automatically deems an employer’s failure to pay fees required for the commencement or...more
Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes....more
On April 16, the Governor of Maine signed into law HP 1452 (the “Act”), which will amend the selling processes for foreclosed properties, specifically when a property is being foreclosed upon following a failure to pay taxes....more
An online luxury retail company was fined HKD 145,000 by a court in Hong Kong for failing to pay the wages of eleven of its employees on time....more
As looming collection action efforts against delinquent taxpayers intensifies, the Internal Revenue Service is attempting to increase voluntary compliance and payment for outstanding liabilities. The IRS announced automatic...more
Massachusetts AG Andrea Campbell settled with MGM Springfield for $6.8 million to resolve allegations the casino violated various state wage and hour laws. AG Campbell alleges that MGM Springfield committed various violations...more
Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • AGs Go After Timeshare Exit Companies over Allegedly...more
Massachusetts AG Andrea Joy Campbell announced citations issued against Idea Painting Company and its owner for failure to pay employees sick or overtime wages and failure to keep or furnish accurate wage records, in...more
Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions Two employees of Extreme Residential Corp. were involved in a construction...more
Alliance Chiropractic Group, Inc. a/s/o Polande Rither v. United Automobile Ins. Co., County Court, 9th Judicial Circuit in and for Orange County, Case No. 2019-SC-017663-O, Dec. 20, 2022 - This suit involved the defendant’s...more
Illinois has enacted broad protections for freelance workers. The Freelance Worker Protection Act (FWPA) requires entities contracting with freelance workers to provide written contracts and timely compensation and authorizes...more
Portions of employer liability in California PAGA actions are dischargeable in bankruptcy under a bankruptcy court decision issued this summer. Specifically, employers’ liability for the 25% share of PAGA penalties to be...more
One of the questions in real estate law arising out of the pandemic is what impact the pandemic and related closure orders would have on commercial leases, and in particular a tenant’s obligation to pay rent. Many, if not...more
Southern District Finds That Exclusion In HO3 Form Precludes Coverage Even Though Form Inadvertently Omitted From Copy Of Policy Sent To Insured- Scottsdale Insurance Company issued a homeowner’s policy to 232 Dune Road...more
On December 5, the Massachusetts Appeals Court issued an important decision impacting commercial landlords’ ability to accelerate rent as liquidated damages after a Lessee’s default in Cummings Properties, LLC vs. Darryl C....more
In October 2022, the English High Court delivered a long-awaited judgment relating to whether or not certain Bankruptcy Events of Default can be cured under the ISDA 2002 and 1992 Master Agreements ("ISDA Master Agreements")...more
Mechanics' liens on public construction projects are a fact of life. Although they may seem familiar, it does not pay to regard them too casually. Mechanics' liens are statutory creatures, and anyone dealing with them needs...more
On March 30, 2022, the New York State Supreme Court, New York County (the “Court”) decided in Times Square JV LLC v. Walber Broadway LLC that a ground lease-tenant that is in default under the ground lease for failure to pay...more
Padilla v. San Jose Decision Sheds Light on How Cities Can Obtain Health and Safety Code Protections for Water, Sewer, Stormwater and Solid Waste Fees - A California Court of Appeal has determined that San Jose ratepayers...more
The California Supreme Court ruled Monday that any premiums paid to employees who are unable to take a full and timely meal or rest period should be considered “wages,” which not only triggers two key obligations on the part...more
Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held...more