News & Analysis as of

Prompt Payment Contract Terms New Legislation

Ervin Cohen & Jessup LLP

California Expands Protections for Freelance Workers

Effective January 1, 2025, companies using freelance workers must comply with the Freelance Worker Protection Act (“FWPA”). FWPA was signed by Governor Newsom on September 28, 2024 as Senate Bill (“SB”) 988. FWPA passed with...more

Holland & Knight LLP

New York's 5 Percent Retainage Law Underscores Construction Contract Drafting

Holland & Knight LLP on

New York Gov. Kathy Hochul on Nov. 17, 2023, signed Senate Bill S3539 (Retainage Amendment), which amended Sections 756-a and 756-c of the New York General Business Law, commonly referred to as the Prompt Payment Act. The...more

Venable LLP

New Law Sets Maximum Construction Contract Retainage at 5% in New York

Venable LLP on

On November 17, 2023, Governor Kathy Hochul signed a bill into law amending Sections 756-a and 756-c of the New York State Prompt Payment Act (N.Y. Gen. Bus. Law §756 (McKinney 2009)) governing restrictions on retainage and...more

Venable LLP

Even Federal Contractors and Subcontractors Should Pay Heed to State Law on Conditional Payment Clauses

Venable LLP on

​​​​​​​The Virginia legislature recently took a broad step toward limiting the use of certain common clauses in construction subcontracts. This new legislation, effective January 1, 2023, amends the state's Prompt Payment Act...more

Buchalter

Virginia Joins 11 Other States Prohibiting Pay-If-Paid Clauses in Construction Contracts

Buchalter on

Virginia has joined 11 other states that have expressly prohibited “pay if paid” clauses in construction contracts. If you have construction projects in Virginia, then read on. If you want know whether your state prohibits...more

Tucker Arensberg, P.C.

CASPA and COVID-19 – Withholding Payments for Contracting Work

Tucker Arensberg, P.C. on

The Pennsylvania Contractor and Subcontractor Payment Act 73 P.S. § 501, et seq. (“CASPA”) was enacted to protect the right to payment of contractors and subcontractors who perform improvements on real property. CASPA...more

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

Construction One-Minute Read: Illinois Restricts Retainage on Private Construction Projects

Every private construction project in Illinois will be affected by a new law, effective immediately. The Contractor Prompt Payment Act (815 ILCS 603/1, et seq.) was amended to restrict the use of retainage on construction...more

Dickinson Wright

Summary of Amendments to Construction Lien Act

Dickinson Wright on

In December 2017, the Ontario Legislature passed the Construction Lien Amendment Act, 2017 (the "Act"). The Act introduces significant changes to Ontario’s construction lien regime and is intended to reduce delays in...more

Troutman Pepper Locke

Businesses Everywhere Take Note: NYC Independent Contractor Law Will Have Impact Well Beyond the City

Troutman Pepper Locke on

Regardless of where a company is headquartered, it likely contracts with one or more independent contractors who live or work in New York City. If your company does so, take note. On November 16, 2016, Mayor de Blasio signed...more

Seyfarth Shaw LLP

“Freelance Isn’t Free” Says the New York City Council

Seyfarth Shaw LLP on

Seyfarth Synopsis: The “Freelance Isn’t Free Act,” passed by the New York City Council on October 28, 2016 requires, among other things, a written contract for services between a hiring party and a freelance worker in most...more

Proskauer - Law and the Workplace

NYC Council Passes Bill Protecting Freelance Workers

Yesterday the New York City Council passed the Freelance Isn’t Free Act, a local law (No. 1017-2015) establishing protections for freelance workers. The bill now goes to the Mayor’s desk for signature....more

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