News & Analysis as of

Late Payments

Herbert Smith Freehills Kramer

Payments Practices – Summary of Payment Practices in Annual Reports and Other Measures to Tackle Late Payments

Empowering the Small Business Commissioner and a 30-day deadline for raising disputes on invoices among the proposals - The government has published draft regulations under which in-scope companies will be required to include...more

BCLP

Late Payments Consultation: Tackling Poor Payment Practices

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In this Insight, Jack McFadden takes a closer look at the Late payments consultation and considers the key proposals, in particular plans for retention reform in the construction industry....more

BCLP

UK Corporate Briefing - September 2025

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Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about. In this month’s issue we discuss...more

Davis Wright Tremaine LLP

Late Payments in California Arbitrations No Longer an Automatic Breach

On August 11, 2025, the California Supreme Court issued its decision in Hohenshelt v. Superior Court and peeled away the draconian application of California's arbitration fee statute, California Civil Procedure Code §§...more

Ervin Cohen & Jessup LLP

Employers May Now Obtain Equitable Relief for Untimely Arbitration Payments

After years of appellate cases and several rulings holding California employers to the very strict payment standards of the California Arbitration Act (CAA), the California Supreme Court has, for the first time, addressed...more

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

California Supreme Court Rules FAA Does Not Preempt Arbitration Fee Deadline, Rejects Strict Penalties

On August 11, 2025, the Supreme Court of California ruled that the Federal Arbitration Act (FAA) does not preempt a state statute requiring employers to timely pay arbitration fees or forfeit the right to arbitration. The...more

Clark Hill PLC

California employers gain relief in arbitration fee deadline ruling

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In a highly anticipated decision, the California Supreme Court in Dana Hohenshelt v. Golden State Foods Corp. relieves some pressure for employers, holding that late payment of arbitration fees does not result in an automatic...more

IR Global

Late Payment Support – How to Protect Your Cash Flow

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Late Payment Support for Small Businesses – How to Protect Your Cash Flow - Cash flow is the backbone of any small business, yet late payments continue to be a major challenge for entrepreneurs across the UK. According to...more

Blindauer Law PLLC - Government Contracts...

Remedies When The Government Stops Paying a Contractor, Grantee, or Cooperatee

When the Government is in a contract, it cannot just stop making payments. This is the general rule whether the contract is a procurement, grant, or cooperative agreement. Rather, the Government’s continued non-payment is...more

Cozen O'Connor

Broad Street Brief: Council Grants Initial Approval to Sixers Arena

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Arena Legislation Update- Following several delays to allow more time for negotiation, the Philadelphia City Council granted preliminary approval to several bills authorizing the development of the proposed Sixers arena in...more

Carey Olsen

Bermuda Insurance Litigation Guide 2024 (Chambers)

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Bermuda is a British Overseas Territory. The modern legal system of Bermuda is established by the Bermuda Constitution Order 1968, an Order in Council of the United Kingdom that established the Supreme Court as the primary...more

A&O Shearman

An almost plane-ful mistake - rectification vs interpretation

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In dealing with a series of intertwined contracts, the English High Court found that the correct interpretation of a contract meant that an airline had had its obligations to make overdue payments terminated but then...more

A&O Shearman

Cap-tivating: what is caught by a liability cap?

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The Court of Appeal's recent judgment in Topalsson v Rolls-Royce looks at how the set-off of counterclaims should be addressed as well as interest when it comes to liability caps....more

BCLP

Recovering Adjudicators' Fees and Interest: Recent Guidance

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In this Insight, first published in PLC, Yorkie Fong considers the decision in A&V Building Solution Ltd v J&B Hopkins Ltd [2024] EWHC 2295 (TCC), which clarified the binding nature of an adjudicator's decision on their fees...more

BCLP

Interpreting Termination Clauses: a Recent Example From the Court of Appeal

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In this Insight, first published in PLC, Shy Jackson considers the Court of Appeal's decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 that a contractor was entitled to...more

Mayer Brown

Legal Developments in Construction Law: September 2024

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1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE - Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more

Porter Hedges LLP

Understanding the Texas Prompt Payment Act

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The construction industry is a cornerstone of Texas’s robust economy, and timely payments are critical for maintaining the health of this sector. To ensure that contractors, subcontractors, and suppliers are paid promptly for...more

DarrowEverett LLP

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

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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

Mayer Brown

State Of Sao Paulo Announces First Notice For Paying Debts With Discounts

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On February 7, 2024, the State of São Paulo published Resolution PGE/SP No. 06/2024, which regulates the transaction of tax or non-tax debts incurred as overdue liability with the state. Among other relevant provisions, the...more

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

New York Second Department Holds No Private Right of Action for Pay Frequency Claims

On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay...more

Husch Blackwell LLP

CFPB Report Finds College and University Tuition Payment Plans May Pose Risks to Consumers

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Building on the Consumer Financial Protection Bureau’s (CFPB’s) September 2022 Supervisory Highlights on student loan servicing (questioning transcript withholding practices), the CFPB issued a September 2023 report on...more

Sullivan & Worcester

EU Commission Proposes New Late Payment Regulation – Evolution or Revolution of the EU Late Payment Regime?

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On 12 September 2023, the European Commission proposed a new EU Regulation on combatting late payments in commercial transactions which will revise and replace EU Directive 2011/7/EU (the Late Payment Directive). The...more

Pillsbury Winthrop Shaw Pittman LLP

California Courts Continue Allowing Employees and Consumers to Return to Court Following Late Payment of Arbitration Fees

Some cases have limited California’s statutory right to withdraw from arbitration based on late fee payments, but many others have enforced this strict rule, making timely payment of arbitration fees and carefully worded...more

Venable LLP

Good Faith Defense Precludes Final Pay and Wage Statement Penalties

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The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages....more

Buchalter

CFPB Proposes Limiting Credit Card Late Fees to $8 Per Late Payment

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On February 1, the CFPB issued a proposed rule to cut the “safe harbor” amount that banks and credit card companies can charge for late fees. If finalized, the proposed rule would reduce the maximum safe harbor limit for...more

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