News & Analysis as of

General Contractors

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

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

“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

It is industry standard in California for owners of a construction project to make monthly payments to a contractor for work it has completed, less a certain percentage that is withheld as a guarantee of future satisfactory...more

Defence + Indemnity: February 2018 - VI. SURETY AND BOND ISSUES

by Field Law on

VI. SURETY AND BOND ISSUES - A. Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond. Valard...more

DOJ announces settlement of SCRA claims for auctioning of towed vehicles without court orders

by Ballard Spahr LLP on

The Department of Justice recently announced it had entered into an agreement with the City and County of Honolulu, Hawaii (Honolulu) and its general contractor for towing services to settle a lawsuit filed by the DOJ...more

For OSHA Purposes, First Circuit Deems Subcontractor Employee of General Contractor

Construction contractors are familiar with the Occupational Safety and Health Administration’s Multi-Employer Worksite rule. Under this rule, a general contractor (GC) can be held liable for safety violations committed by...more

[Webinar] Construction Financial Management Association New Jersey Chapter: AIA and ConsensusDoc Contracts - March 8th, 3:00pm ET

On March 8, Jason Copley and John Greenhall are presenting a webinar for the Construction Financial Management Association New Jersey Chapter on AIA and ConsensusDoc Contracts. This webinar will discuss the two primary...more

Modest Industry Growth Anticipated for 2018

Recent reports reflect that modest but continued growth in the construction industry is anticipated for 2018, although President Trump’s renewed focus on infrastructure as an executive and legislative priority this year could...more

And the Winner Is . . . The Right to Repair Act!

Civil litigation attorneys often talk about “damages.” Because without damages . . . well . . . you’re out of luck....more

“Additional Insured” counseled to read the policy

by Butler Snow LLP on

An Illinois General Contractor learned a hard lesson the other day; the case is Vivify Constr., LLC v. Nautilus Ins. Co., 2017 IL App (1st) 170192. The General Contractor, Vivify Construction, subcontracted part of the job...more

Kentucky Supreme Court Holds “Pay-if-Paid” Provision in Subcontract Is Valid and Enforceable, Shifting Risk to Subcontractor

by Pepper Hamilton LLP on

Superior Steel, Inv. v. Ascent at Roebling’s Bridge, LLC, 2017 Ky. LEXIS 511 (December 14, 2017) - Corporex Development and Construction Management, LLC (“Corporex”), a design builder, contracted with Dugan & Meyers...more

You Are Your Brother’s Keeper. Direct Contractors in California Now Responsible for Wage Obligations of Subcontractors

If there’s one law from the 2017 Legislative Session that’s garnered a lot of attention in the construction press, it’s AB 1701. Under AB 1701, beginning January 1, 2018, for contracts entered into on or after January 1,...more

Washington Supreme Court Upholds Rule That Property Owner and General Contractor Are Not Indispensable Parties in a Lien...

by Lane Powell PC on

On January 18, 2018, the Washington Supreme Court has clarified any misunderstanding about the necessary parties in a mechanic’s lien foreclosure action when a lien release bond has been posted. In Inland Empire Dry Wall...more

Contractor Registration Requirements in Iowa

by Davis Brown Law Firm on

All construction contractors and companies who perform any type of construction work in Iowa are required to register with Iowa Workforce Development/Iowa Division of Labor and renew the registration annually. However,...more

When Does a Contractor Legally Abandon a Construction Project?

by Snell & Wilmer on

Lately, we’ve been spending more time as litigators pursuing and defending claims of abandonment against contractors. It has become apparent that abandonment is often misinterpreted in its legal meaning and effect. Here are...more

Welcome Ontario's new Construction Act

by Dentons on

On December 5, 2017, Bill 142, the Construction Lien Amendment Act, 2017 (the Bill), was passed by a unanimous vote of the Ontario legislature. The Bill incorporates almost all of the recommendations set out in an in-depth...more

Client Alert: Florida Supreme Court Weighs in on CGL Carriers’ Duty to Defend Chapter 558 Claims

Since its enactment in 2003, Chapter 558, Florida Statutes (commonly referred to as Florida’s notice and opportunity to cure provision) has governed the pre-suit notice and opportunity to repair process between owners,...more

Indirect Purchaser Cases in 2017: Key District Court Rulings

by Zelle LLP on

As we enter the new year, we review some of the more interesting 2017 court decisions in or affecting the indirect purchaser class action arena and provide practitioners with some key takeaways for 2018 and beyond. As with...more

2018 California Construction Law Update

The California State Legislature introduced 2,495 bills during the first year of the 2017-2018 Legislative Session. Of these, 859 were signed into law....more

Appeal it All! Guarding Against Multiple, Independent Grounds

by Carlton Fields on

You’ve identified a killer issue for appeal, no doubt a winner. Congratulations! You still lose. How can that be? In Novum Structures, LLC v. Choate Construction Company, Inc., 698 Fed. Appx. 608 (11th Cir. 2017), the...more

Use Of The Word “In” Indicates Geography; Use Of The Word “Of” Indicates Sovereignty: Federal District Court In Maryland Holds...

by Pepper Hamilton LLP on

Pritchett Controls, Inc. v. Hartford Accident & Indemnity Co., 2017 U.S. Dist. LEXIS 192182, 2017 WL 5591872 (D. Md. Nov. 21, 2017) - James W. Ancel, Inc. (“JWA”) was the prime contractor on a project for the Maryland...more

Extremely Clear Pay-If-Paid Clause is Enforced

by Murtha Cullina on

Every contract involves the risk of insolvency, and every construction subcontract involves the risk of the owner/developer failing to make the payments that the contractor intends to use to pay its subcontractors....more

Caveat contractors: Under new California law, general contractors will be on the hook for unpaid subcontractor wages

by Dentons on

Enacted by California state legislators in September and effective for contracts entered on or after January 1, 2018, A.B. 1701 makes direct contractors (defined as those with a direct contractual relationship with a project...more

Employment Law Commentary, December 2017 - The California Legislature and the Trump Administration: Different Directions

by Morrison & Foerster LLP on

It was another busy year in the California Legislature with regard to employment and labor issues. Of particular note for California employers are the new laws related to employee hiring practices with the prohibitions on...more

"A to Z" of What California Employers Need to Know for 2018

by BakerHostetler on

With the New Year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2018. Effective January 1, 2018, California’s Fair Pay Act will extend...more

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