News & Analysis as of

Failure To Pay

Hogan Lovells

JCT 设计与建造合同下的重复未付款违约行为:只有经过先前通知但未被纠正的雇主违约行为,才会赋予承包商终止合同的权利

Hogan Lovells on

英国最高法院就一份英国建筑领域常用的标准合同中的分层终止条款作出了备受业界期待的判决。该判决支持采用最直接的解释方式对该条款进行解读,并认可了大多数当事人对合同措辞运作方式的理解。...more

A&O Shearman

Standard forms and interpretation norms

A&O Shearman on

The UK Supreme Court has ruled on the interpretation of clauses in a standard form JCT Design and Build Contract. For the construction industry, the case is useful for illuminating the meaning of certain ambiguous JCT Design...more

Hogan Lovells

Repeated non-payment under JCT D&B: only defaults notified earlier but uncured allow contractors to terminate

Hogan Lovells on

The UK Supreme Court's widely anticipated decision on a tiered termination clause in a commonly used English standard form of construction contract should be welcomed by all sides of the industry and contract drafters...more

McDermott Will & Schulte

Major update: Potential refund opportunity for interest and penalty amounts accrued during COVID-19 federally declared disaster

The US Court of Federal Claims’ (CFC) recent decision in Kwong v. United States, No. 23-267 (Fed. Cl. Nov. 25, 2025), provides significant support for the potential refund opportunity we identified in a previous blog post...more

Fisher Phillips

Manufacturer Stuck with $22M Backpay Verdict After SCOTUS Declines to Weigh In: 6 Lessons for Employers

Fisher Phillips on

A manufacturer will have to pay $22M in alleged wage and hour violations now that the Supreme Court declined to consider its appeal. Last year, a federal appeals court upheld the sizable jury verdict, finding that the company...more

Fisher Phillips

Managing Director Personally on the Hook for $2 Million in Wage Violations: 6 Steps to Avoid Liability

Fisher Phillips on

Business owners, executives, and managers need to pay attention to wage and hour compliance or risk personal liability. In a recent ruling under federal and New Jersey wage and hour law, a managing director with some...more

Fisher Phillips

5 Ways California Employers Can Prepare As New Law Expands Wage Judgment Enforcement

Fisher Phillips on

California employers that fail to pay final wage judgments will face a host of new of potential ramifications thanks to new law just signed into effect by Governor Newsom. SB 261, signed Monday and taking effect on January 1,...more

Fisher Phillips

Colorado’s New Wage Law Packs a Bigger Penalty Punch: 6 Things Employers Need to Know

Fisher Phillips on

Employers in Colorado could face steep penalties for wage and hour violations under a new law that took effect on Aug 6. They also risk losing their license to operate if willful violations are not remedied. To avoid running...more

Troutman Pepper Locke

Sam’s Club Eyeing Appeal of Hefty Local Tobacco Tax Assessment

Troutman Pepper Locke on

In June, the Appellate Court of Illinois upheld an assessment of over $314 million against Sam’s Club for unpaid county cigarette excise taxes, including a 10% late fee, a 25% penalty, and accrued interest. The assessment...more

Husch Blackwell LLP

Sentence Handed Down in Minnesota’s First Felony Conviction for Criminal Wage Theft

Husch Blackwell LLP on

Last week, a Hennepin County judge sentenced an employer following a first-of-its-kind criminal conviction for wage theft in Minnesota. Since its enactment in 2019, Minnesota’s Wage Theft Prevention Act has imposed stringent...more

McDermott Will & Schulte

Potential Refund Opportunity for Interest and Penalty Amounts Accrued During COVID-19 Federally Declared Disaster

Taxpayers who made payments to the Internal Revenue Service (IRS) that included underpayment interest and/or failure-to-file/pay penalties that accrued during all or part of the period between January 20, 2020, through July...more

Lewitt Hackman

Franchisee 101: When the Competition Leaks

Lewitt Hackman on

A Massachusetts federal court granted a franchisor’s request to enforce the franchise agreement’s post-termination non-compete provision against a terminated franchisee....more

Fisher Phillips

Snapshot on the Manufacturing Industry: $22M Verdict Reminds Manufacturers to Pay for Actual Donning and Doffing Time

Fisher Phillips on

Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the manufacturing...more

DLA Piper

UK gambling operator faces legal action over refusal to pay out GBP1m jackpot

DLA Piper on

The UK and European gambling operator Paddy Power is fighting a legal action in the English High Court over a refusal to pay a customer who thought they had won a GBP1m jackpot when playing an online slot game. Paddy Power...more

Frantz Ward LLP

Oral Contract and Invalid Lien Spell Trouble for Contractor

Frantz Ward LLP on

Speedy Maintenance, LLC v. Windsor Tower, LLC, 2024-Ohio-5841 (2d Dist.) is a recent case concerning a dispute over repairs to a parking garage where Ohio’s Second District Court of Appeals confronted issues....more

Fisher Phillips

Appeals Court Upholds $22M Verdict and Reminds Employers to Pay Workers for “Actual” Time Working

Fisher Phillips on

A federal appeals court held last Fall that employers must pay hourly employees for the actual time they spend completing activities – not just the “reasonable time” it should take to finish assigned tasks – upholding a $22M...more

Troutman Pepper Locke

In Rem Jurisdiction Matters: Fifth Circuit Clarifies Jurisdictional Requirements Over Attached Funds at Riyad Bank

Troutman Pepper Locke on

On October 18, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s vacatur of a maritime attachment order, providing a detailed analysis of the requirements for personal and in rem jurisdiction over...more

Bradley Arant Boult Cummings LLP

Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge...

Helen Christakos a partner in our U.S. Privacy and Data Security practice, Tom Butcher a partner in our international Telecommunications, Media and Technology (TMT) group and Head of Middle East Communications, Technology and...more

Warner Norcross + Judd

Liberating Property: Bonding Off Construction Liens in Michigan

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

Buchalter

In a Win for Policyholders, California Supreme Court Broadly Applies Unfair Competition Law’s Four-Year Statute of Limitations to...

Buchalter on

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

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

DarrowEverett LLP on

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

Robinson+Cole Construction Law Zone

Robinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court

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

Jackson Lewis P.C.

California Court of Appeal Holds California’s Law Regarding Payment of Arbitration Fees Preempted by FAA

Jackson Lewis P.C. on

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

Nossaman LLP

Construction & Claims: May 2024

Nossaman LLP on

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

Orrick, Herrington & Sutcliffe LLP

Maine amends processes regarding sale of foreclosed properties for nonpayment of taxes

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

153 Results
 / 
View per page
Page: of 7

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide