News & Analysis as of

Subcontractors

Bradley Arant Boult Cummings LLP

Catch and Release: the Importance of Analyzing Potential Claims before Signing a Release and Receiving Final Payment -...

The Army Corps of Engineers (the “Corps”) retained Merrick Construction, LLC (“Merrick”) to perform work on a hurricane protection levee near New Orleans, Louisiana. The contract between the Corps and Merrick contained...more

Snell & Wilmer

Under Construction - July 2018

by Snell & Wilmer on

Delay and Disruption Claims - Delay and disruption issues can come up in any project. This article offers an initial introduction and explains the legal requirements for both delay and disruption claims, and practical...more

Saul Ewing Arnstein & Lehr LLP

NJ Appeals Court Denies Protest that Winning Bid was Deficient

In a recent decision, the appellate division of the New Jersey Superior Court rejected a competing bidder’s challenge that the winning bid was deficient, finding that the bid’s deficiencies were immaterial and therefore...more

Nexsen Pruet, PLLC

Additional Insured Coverage and Primary/Excess Priority Disputes, Oh My

by Nexsen Pruet, PLLC on

Additional insured coverage in construction projects is one of the most vexing issues facing insurance coverage lawyers. Add to the complexity a priority dispute between primary and excess insurers and you have a recipe for...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

The $5,500 per day Lesson to Learn from I-35 Construction Delay

Last week, KCCI in Des Moines reported that the new off-ramp being constructed on Interstate 35 near Ames must be torn down and rebuilt due to a mistake of “several inches.” As reported, the mistake was human error in the...more

Snell & Wilmer

California Supreme Court Clarifies “Good Faith Dispute” Under California’s Prompt Payment Law

by Snell & Wilmer on

In recent case of United Riggers and Erectors, Inc. v. Coast Iron and Steel Company ___ Cal. 4th ___ (May 14, 2018 Case No. S231549), the California Supreme Court addressed whether a direct contractor can withhold payment...more

Field Law

Keeping Your Hands Lien: Don’t Forget a CLP!

by Field Law on

Builders’ liens are an important tool for contractors, subcontractors and suppliers when collecting unpaid invoices on a project. Although a lien does not guarantee payment, it does provide security and mitigate business...more

Cole Schotz

Lien Rights Of Contractors, Subcontractors And Suppliers Of Materials Under Florida Law

by Cole Schotz on

Home renovations and repairs is big business in Florida, especially in densely populated south Florida where it seems that every available square foot of property is occupied by a residence or commercial building. That said,...more

Saul Ewing Arnstein & Lehr LLP

Retainage Reform Revisited

Illinois is the most recent in a number of states to consider legislation that modifies the practice of withholding payments from contractors and subcontractors as retainage. ...more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Issues Pro-Contractor Licensing Ruling

On July 10, the U.S. Court of Appeals for the Ninth Circuit issued its much anticipated and a pro-contractor ruling in MP Nexlevel of California, Inc. v. CVIN LLC. The appeal arose from a dispute over the scope of a...more

Pepper Hamilton LLP

Federal Court in California Holds That Subcontractor May Proceed With Claim for Delay Damages, Despite No-Damage-For-Delay Clause,...

by Pepper Hamilton LLP on

Rai Indus. Fabricators, LLC v. Fed. Ins. Co., 2018 U.S. Dist. LEXIS 74612 (N.D. Cal., May 2, 2018) - Sauer Incorporated (“Sauer”) contracted with the U.S. Army to design and construct the Operational Readiness Training...more

White and Williams LLP

Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit

by White and Williams LLP on

In Davison v. Debest Plumbing, Inc., 416 P.3d 943 (Ida. 2018), the Supreme Court of Idaho addressed the issue of whether plaintiffs who provided actual notice of a defective condition, but not written notice as stated in the...more

Snell & Wilmer

Delay and Disruption Claims

by Snell & Wilmer on

Delay and disruption issues can come up in any project. This article offers an initial introduction and explains the legal requirements for both delay and disruption claims, and practical ideas....more

Bennett Jones LLP

Changes to Construction Law in Ontario

by Bennett Jones LLP on

On July 1, 2018, the first of the changes to the Ontario Construction Lien Act under the December 12, 2017, Construction Lien Amendment Act became effective. The statute we knew as the Construction Lien Act (Ontario) has been...more

Cohen Seglias Pallas Greenhall & Furman PC

One Year Later: An Update on the PA Construction Notices Directory

In what seems like the blink of an eye, 2017 is already gone. One of the biggest changes to the Pennsylvania construction industry is now over a year old. That’s right, the Pennsylvania Construction Notices Directory—the...more

Pepper Hamilton LLP

Subcontract Provision Requiring Subcontractor To Pass Through Its Claims Does Not Prevent The Subcontractor From Suing To Recover...

by Pepper Hamilton LLP on

Pinnacle Crushing & Constr. LLC v. Hartford Fire Ins. Co., 2018 U.S. Dist. LEXIS 67965 (W.D. Wa. Apr. 23, 2018) - The Army Corps of Engineers (the “Corps”), as owner, and Cherokee General Corporation (“CGC”), as prime...more

Pepper Hamilton LLP

Pennsylvania Strengthens Contractor and Subcontractor Rights and Remedies Relating to Nonpayment in Recent Amendments to CASPA

by Pepper Hamilton LLP on

On June 12, Governor Tom Wolf signed into law amendments to Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA), 73 P.S. § 501 et seq., which will become effective on October 10, 2018....more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Critical Considerations When Drafting and Negotiating Federal Government Subcontracts - July 17th, 1:00pm ET

Join Cohen Seglias Federal Contracting attorneys Maria Panichelli and Micahel Richard for their Lawline Continuing Legal Education (CLE) webinar, "Critical Considerations When Drafting and Negotiating Federal Government...more

Searcy Denney Scarola Barnhart & Shipley

Construction Sites - Hazards to the Public

Construction Site Dangers - Construction sites abound not only in South Florida but also across the state and throughout the country. Residential communities are being built and so are shopping plazas to serve them....more

Bradley Arant Boult Cummings LLP

Dealing with Difficult Parties on a Project - Modern Contractor Solutions

If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity on a project who appears to be completely unreasonable or irrational. You may...more

Bradley Arant Boult Cummings LLP

Three Ways that Counsel Can Assist Defense Contractors Achieve Proactive Compliance with the Department of Defense’s Newly...

Although the Department of Defense (DOD) has long required its contractors to provide “adequate security” to protect “Covered Defense Information,” beginning on January 1 of this year, the Department specified that “adequate...more

Perkins Coie

Is It Time for Commercial Companies to Give DOD a Second Look?

by Perkins Coie on

In the last decade or so, the U.S. Department of Defense (DOD) has been, in the words of the Section 809 Panel, an “unattractive customer to large and small firms with innovative, state-of-the-art solutions.” Among other...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

Major Changes to Iowa's Mechanics' Lien Law: Five Years Later

Five years ago, this blog covered major changes to Iowa’s mechanics’ lien law. Five years later, the law is still largely intact, albeit after the legislature added a couple commas to clarify its intention. After five years,...more

Field Law

Extra! Extra! How Do Subcontractor Change Orders Affect The Lien Fund? It Depends…

by Field Law on

More often than not, contractors and subcontractors perform extra work on construction projects over and above the scope of work contemplated by a fixed price contract. Where a subcontractor performs extra work at a...more

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

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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