News & Analysis as of

State and Local Government General Contractors

Spilman Thomas & Battle, PLLC

Updates to the Virginia Prompt Payment Act

The Virginia General Assembly made significant amendments to general rules for construction contracts, as well as the specific rules for public entity construction contracts in the Prompt Payment Act, that largely remove the...more

Perkins Coie

Subway Construction Work Did Not Inversely Condemn Hotel Property

Perkins Coie on

A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more

DirectEmployers Association

OFCCP Week In Review: August 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Bradley Arant Boult Cummings LLP

Virginia Is for Lovers… of Strict Contract Language: New Law Prohibits Pay-if-Paid Clauses in Construction Contracts

Virginia has joined the growing number of states that prohibit “pay-if-paid” clauses. The new law, known as Virginia Senate Bill 550, amends Virginia’s Prompt Payment Act (Va. Code § 2.2-4354) and its relatively new (July 1,...more

Steptoe & Johnson PLLC

Recent West Virginia Court Decision Clarifies Nonparty Fault and Nonparty Immunity

Steptoe & Johnson PLLC on

In 2015, the West Virginia Legislature passed West Virginia Code Section 55-7-13d, which seeks to prevent defendants from paying in excess of their share of fault by requiring the trier of fact to consider the fault of all...more

Sands Anderson PC

The End of “Pay When Paid” in Virginia Construction Contracts with State and Local Governments

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“Pay When Paid” or “Pay if Paid” clauses in subcontracts have long been a thorn in the side of subcontractors. If Governor Youngkin signs into law a new bill that passed in both houses of the Virginia General Assembly, those...more

Holland & Knight LLP

Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret?

Holland & Knight LLP on

A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff...more

Schwabe, Williamson & Wyatt PC

Schwabe Gets Briefed on JTM’s Esterra Park Carbon-Neutral Project

The final phase of the Esterra Park development in Redmond, Washington, is a carbon-neutral development. Schwabe client JTM Construction is the general contractor for that project. As attorneys, we are interested in staying...more

Fox Rothschild LLP

Proposed Law Poses Risk Of Significant Legal Exposure For General Contractors In New York

Fox Rothschild LLP on

New York lawmakers are close to passing a law that creates automatic liability for general contractors when their subcontractors fail to properly pay their employees. Existing New York law provides at least a modicum of...more

Holland & Knight LLP

Is It Legal to Require Indemnification on Project Application or as Condition of Approval?

Holland & Knight LLP on

Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant...more

Sherman & Howard L.L.C.

[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate...more

Shutts & Bowen LLP

Remaining Vigilant: Hurricane Planning in the Construction Industry

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Complicated by an unprecedented global pandemic, businesses in Florida’s construction industry have been further burdened by the anticipated challenges of an active 2020 hurricane season. Since June 1st, the industry has been...more

Butler Snow LLP

Tennessee Construction Legislative Updates

Butler Snow LLP on

The Tennessee legislature recently passed the Construction Industry Payment Protection Act (“CIPPA”), SB2681/HB2706, which offers significant changes to the Tennessee construction industry. Not only does the act amend...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

Rivkin Radler LLP on

New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential...more

Bradley Arant Boult Cummings LLP

In Georgia, Rely on an Affiliate’s or Individual’s General Contractor’s License at Your Own Peril

On May 5, 2020, the Georgia Court of Appeals affirmed a trial court summary judgment ruling dismissing a residential contractor’s claims against an owner because the contractor was not properly licensed. In LFR Investments,...more

Snell & Wilmer

California and COVID-19 - Common Questions Concerning the Impact on the Construction Industry

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Shelter-in-Place (SIP) - A Shelter-in-Place order means just that, stay and shelter in the place you typically shelter, i.e., living quarters. The State of California has determined that construction is an “Essential...more

ArentFox Schiff

The Effects of COVID-19 on Construction Project Completion and Mechanic Lien Filing Deadlines

ArentFox Schiff on

Over the past month, states and municipalities have been issuing stay-at-home orders to slow the spread of COVID-19. Depending upon the locality, certain types of construction projects have been deemed “essential” and...more

Bass, Berry & Sims PLC

Tennessee Legislative Updates in the Construction Industry

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With the close of the latest Tennessee legislative session, this Construction Law Alert discusses newly enacted statutes and significant legal issues affecting the construction industry in Tennessee. The goal is to provide...more

Sheppard Mullin Richter & Hampton LLP

California Housing Legislation (2017-2018)

State lawmakers passed over 1,200 bills this year, the most in more than a decade according to sources. Governor Brown signed 1,016 into law as of September 30th. Below is a summary of the bills signed into law regulating the...more

Robinson+Cole Construction Law Zone

California and Maryland Have Enacted Legislation Essentially Making The General Contractor the Guarantor for All Wages on the...

It’s been said that as California goes, so goes the nation. If so, general contractors throughout the country may soon be taking on more responsibility for the unpaid wages of the workers on their construction projects than...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

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

Ballard Spahr LLP

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

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

Farella Braun + Martel LLP

New Employment Laws Will Require Changes for Most Employers in 2018

The 2017 California legislative session resulted in several new laws that will affect employers’ day-to-day operations and policies in 2018. Some of these new laws, including bans on criminal history and salary history...more

Ruder Ware

Public Construction Contracts - Changes

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The Wisconsin Legislature is considering a new bill that would significantly change requirements for competitive bidding of public construction contracts by local government units and school districts. Currently, school...more

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