News & Analysis as of

General Contractors

Murtha Cullina

Contractor's Intentional and Material Breach of Contract Does Not Automatically Bar Claim For Work Performed

by Murtha Cullina on

In a case closely watched by the construction industry, the Massachusetts Supreme Judicial Court ("SJC") has overturned a Superior Court’s decision barring any recovery by the general contractor G4S (the "General") from the...more

Dentons

California Contractors Beware: California Supreme Court Narrows Prompt Payment Exceptions

by Dentons on

A unanimous California Supreme Court made it clear that the term "prompt payment" in the context of California's prompt payment statutes1 really means "prompt payment," and any exception applies narrowly. The court's ruling...more

Thompson Coburn LLP

Enforcing a mechanic’s lien in California? Don’t waive your right to arbitrate the dispute

by Thompson Coburn LLP on

On June 6, 2018, the California Court of Appeal held that a contractor waived its right to arbitrate disputes because it recorded a mechanic’s lien and then didn’t follow California Code of Civil Procedure Section 1281.5 in...more

Baker Donelson

No, Governor Hogan Did Not Veto Maryland's General Contractor Liability for Unpaid Wages Act

by Baker Donelson on

Many of you read with interest our recent article discussing Maryland's new law, the General Contractor Liability for Unpaid Wages Act. As we outlined in the article, that law makes a construction general contractor jointly...more

Morris James LLP

Delaware Superior Court Explains When Statute Of Limitations Accrues

by Morris James LLP on

Black Diamond Hope House Inc. v. U&I Investments LLC, C.A. K15C-12-034 JJC (May 22, 2018) - If a contract spells out when the time to sue under it starts to run, the time of discovery rule does not apply. Instead, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Construction One-Minute Read: Proving Change Orders in Illinois

The basic requirements for proving a change order are firmly established under Illinois law. To obtain relief for a disputed change order, a contractor must show five things:...more

Baker Donelson

New Maryland Law Makes Construction GCs Liable for Subcontractors' Wage and Hour Violations

by Baker Donelson on

Under Maryland wage laws, if an employer fails to properly pay its employees, it may be liable for up to three times the wages owed to the employee, plus attorneys' fees and costs. Employees may file a lawsuit against their...more

Wendel, Rosen, Black & Dean LLP

California Supreme Court Addresses “Good Faith” Construction Disputes Under Prompt Payment Laws

It’s been a rollercoaster. But the ride appears to be over. In United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., Case No. S231549 (May 14, 2018), the California Supreme Court addressed whether a direct contractor...more

Kilpatrick Townsend & Stockton LLP

New Standard in Texas as to When a General Contractor can Assert a Statutory Employer Defense?

The 13th Court of Appeals in Edinburg, Texas issued an opinion in February 2018 that would eliminate the statutory employer protection for general contractors in certain circumstances if allowed to stand (Halferty v....more

Saul Ewing Arnstein & Lehr LLP

New Maryland Law Makes General Contractors Liable for Paying Their Subcontractors’ Employees

At the tail-end of the 2018 legislative session, the Maryland General Assembly passed Senate Bill 853, making construction general contractors jointly and severally liable for the failure of their subcontractors to pay their...more

Sheppard Mullin Richter & Hampton LLP

It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt...

On May 14, 2018, the California Supreme Court issued its opinion in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., No. S231549, slip. op. (Cal. Sup. Ct. May 14, 2018). In it, the Court narrowly construed the “good...more

Jones, Skelton & Hochuli, P.L.C.

Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road

There is an old saying: familiarity breeds contempt. Admittedly, residential construction defect cases can be repetitive. Originally published in FDCC Insights - December, 2017....more

Kilpatrick Townsend & Stockton LLP

Owner's Participation in Pretrial Litigation Does Not Amount to a Waiver of Arbitration

Proving waiver of a party’s contractual right to arbitrate has often been a laborious obligation of the party bearing such burden. Because the law strongly favors arbitration, the burden to prove the defense “is a high one.”...more

Hogan Lovells

Tax Newsletter - April 2018 #2

by Hogan Lovells on

Legislative changes - The Constitution of Business - On 30 April 2018, the so-called Constitution of Business enters into force (with the reservation of a small number of provisions entering into force at later dates)....more

Wendel, Rosen, Black & Dean LLP

Attention D-40 Service Station Equipment Maintenance Contractors!

As many of you know, the California Contractors State License Board, in addition to issuing Class A General Engineering, Class B General Contractor, and Class C Specialty Contractor licenses, also issues several Class C-61...more

Dentons

"Aldous Bill" sets out proposed new legislation to protect retentions

by Dentons on

Aftershocks following Carillion's insolvency continue to affect the construction industry with many businesses suffering financial difficulties in the aftermath. The collapse has laid bare the industry's problematic practices...more

Baker Donelson

Potentially Good News for Contractors Seeking Final Payment on Public Construction Projects

by Baker Donelson on

The Louisiana Fourth Circuit's recent decision in Woodrow Wilson Constr. LLC v. Orleans Parish School Board marks a potential victory for general contractors seeking final payment on public construction projects. However, it...more

Stoel Rives -  Ahead of Schedule

Can a Contingent Payment Provision Affect a Construction Lien Claim in Washington?

During Seattle’s current construction boom, general contractors and subcontractors may be concentrating more on finalizing work on their projects than on worrying about the niceties of their construction contract documents....more

Spilman Thomas & Battle, PLLC

Infrastructure Construction Opportunities on the Horizon! North Carolina's 2018-2027 State Transportation Improvement Program

Drivers will see more "Road Construction Ahead" signs over the next decade, which means BIG opportunities await infrastructure contractors and suppliers. How big? The North Carolina Department of Transportation ("NCDOT") was...more

Ward and Smith, P.A.

Focus on Military Readiness Means More Construction Work on Military Bases: Are Contractors Ready to Compete and Perform?

by Ward and Smith, P.A. on

The United States military is the most powerful warfighting force in world history. But Secretary of Defense Jim Mattis made a stark observation in the 2017 National Defense Strategy: Without sustained and predictable...more

Dentons

Important planning law changes – are you ready?

by Dentons on

Changes to Environmental Planning and Assessment Act - An amended and completely reorganised version of the Act commenced operation on 1 March 2018. Amongst the myriad innocuous changes were some very significant changes...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 1 - April 2018

Welcome to Our First Issue of 2018 - There have been many changes and new developments in the construction industry since the start of the year. As with any industry that experiences sweeping changes, we keep a sharp eye...more

Bradley Arant Boult Cummings LLP

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

Melissa Dewey Brumback

Insight into the AIA changes from an insider (law note)

by Melissa Dewey Brumback on

After my series on the Top 10 Changes to the AIA 201, I heard from the Chair of the Task Group for the A201-2017, Arlen M. Solocheck. Arlen is also both an architect and in-house owner’s representative at Maricopa Community...more

Melissa Dewey Brumback

Bonus Post: Other Notable Changes to the A201 Construction Contract (law note)

by Melissa Dewey Brumback on

Following our deep-dive into the newest A201 changes, and as promised in yesterday’s Insurance changes post, here are a few bonus changes to the General Conditions of the Contract...more

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