Prompt Payments: How CASPA and Other State Laws Afford Contractors Protections
In Placefirst Construction Ltd v Car Construction (North East) Ltd [2025] EWHC 100 (TCC), the Technology and Construction Court has shed welcome light on the payment notice requirements of the Housing Grants, Construction and...more
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
As the energy sector continues to expand, developers and contractors looking to expand their footprint are crossing state lines to construct energy projects. This is a good strategy for applying the same, successful...more
With the exception of those living under rocks, construction professionals are well aware of the recent spate of litigation about the Massachusetts Prompt Pay Act. In 2022, the Massachusetts Appeals Court interpreted the Act...more
The Washington Legislature enacted a requirement that contractors and subcontractors must get paid promptly for undisputed additional work on both public and private construction projects. The new law enacted in 2024...more
On 16 July 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to receive representations and submissions on the Bill from deputations sent...more
If you are a business owner who performs work on contracts as a Disadvantaged Business Enterprises (DBEs) or Airport Concession Disadvantaged Business Enterprises (ACDBEs), you should be aware of some significant changes to...more
The court in AECOM v. Flatiron was back at it last week with rulings on the parties’ post-trial motions. As you may recall, the case was tried to a jury earlier this year. The jury returned a verdict for AECOM in the amount...more
In 2022, amendments to the Prompt Payment and Construction Lien Act (PPCLA) introduced a prompt payment and related fast-track adjudication process. Recently, in Welcome Homes Construction Inc v Atlas Granite Inc, the...more
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
Kilpatrick attorneys secured a significant decision for contractors and subcontractors performing work in Pennsylvania. The Third Circuit Court of Appeals affirmed District Court Judge William S. Stickman’s award of...more
The key to a successful construction project often lies in how much work you do long before the first shovel of dirt is turned. But where should an owner or developer focus their time and resources for the best possible...more
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
Conn Kavanaugh’s construction law team recently achieved a successful result at the Supreme Judicial Court (“SJC”) in a decision that will have significant impact for the Massachusetts construction industry....more
On June 17, 2024, the Massachusetts Supreme Judicial Court issued an opinion of first impression regarding the Prompt Pay Act, M.G.L. c. 149, §29E, holding that a contractor found to have violated the Prompt Pay Act for...more
In a significant decision on April 17, 2024, the U.S. Court of Appeals for the Third Circuit upheld significant penalties and attorney fees awarded to C.J. Hughes Construction Company, Inc. under the Pennsylvania Contractor...more
Welcome Homes Construction Inc. v. Atlas Granite Inc. (la « décision ») est la première décision rendue par la Cour du Banc du Roi de l’Alberta (la « Cour ») qui touche le processus d’arbitrage intérimaire en vertu de la loi...more
Welcome Homes Construction Inc. v. Atlas Granite Inc. (Decision) is the first decision from the Alberta Court of King’s Bench about adjudication pursuant to the Prompt Payment and Construction Lien Act (PPCLA). In the...more
Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA) governs downstream payment obligations on private construction contracts in Pennsylvania. CASPA provides downstream parties with various protections to better...more
In 2006, New Jersey enacted the “Prompt Payment Act,” codified at N.J.S.A. § 2A:30A-1, et seq. (the “Act” or “PPA”). The Act requires the prompt payment of contractors, subcontractors, sub-subcontractors, and material...more
If an owner or general contractor fails to timely pay on a project, you may be entitled to prompt pay interest. Prompt payment acts are intended to deter late payments by general contractors and owners by enabling contractors...more
General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more
In its recent decision in Lidl Great Britain Ltd v Closed Circuit Cooling Ltd (t/a 3CL) [2023] EWHC 2243 (TCC), the TCC provided some helpful guidance around the statutory payment provisions in the Housing Grants,...more
No matter your tier in the construction contracting chain, understanding the nuanced rules and procedures about retainage, back charges, and other payment withholdings is critical to managing cash flow and protecting your...more
The private and public prompt pay acts both provide contractors and subcontractors with the right to stop work if an owner or upstream contractor fails to pay an undisputed amount. With H.B. 3485, the Texas legislature has...more