News & Analysis as of

Subcontractors

Beware of Blanket Additional Insured Endorsements That Require Contractual Privity

New York High Court Finds No Additional Insured Coverage In Absence of Contractual Privity With Named Insured - It is a common practice in the insurance industry for a project owner to require the general contractor to...more

[Webinar] When #MeToo Means #YouToo: What to do when you're in the sexual harassment hot seat - May 2nd, 1:00pm CT

The #MeToo movement has many employers uncertain about the best ways to protect themselves from sexual harassment complaints and the right way to respond after a complaint has been made. This seminar will explore how our...more

Pay IF Paid: It Means What it Says - Construction and Procurement Law News, Q1 2018

Pay when paid clauses are common in the construction industry. A typical pay when paid clause sounds something like this: “Prime Contractor will not pay Subcontractor until Prime Contractor receives payment from Owner.” ...more

General Release Cuts Off Subcontractor Pass-Through Claim

by Davis Wright Tremaine LLP on

Last month, the Court of Federal Claims issued a decision reaffirming the importance of considering carefully subcontract release and waiver language in Government procurement. MW Builders, Inc. v. United States involved a...more

New ADR Process in Defense Contractor Reprisal Cases

by Holland & Knight LLP on

• In September 2017, the Office of the Inspector General for the U.S. Department of Defense (DoD) began offering voluntary alternative dispute resolution (ADR) in complaints filed by contractors, subcontractors, grantees,...more

Bechtel National: Third Party Lawsuit Settlement Cost Allowability Remains Murky After Recent COFC Decision

by Dentons on

Contractor legal costs, including the costs to settle third party lawsuits (i.e., suits brought against a contractor by an individual or non-governmental entity), are allowable if the costs are reasonable, allocable,...more

Another Appellate Court Holds that Faulty Work Constitutes an Occurrence – This Time Under New York Law

It is axiomatic that in order to obtain insurance coverage a policyholder must first establish that a claim falls within a policy’s insuring agreement before coverage under the policy is triggered. For construction claims...more

Bonus Post: Other Notable Changes to the A201 Construction Contract (law note)

by Melissa Dewey Brumback on

Following our deep-dive into the newest A201 changes, and as promised in yesterday’s Insurance changes post, here are a few bonus changes to the General Conditions of the Contract...more

Don't Sleep on This: New York High Court Addresses Scope of "Blanket" Additional Insured Endorsements

by Jones Day on

The Situation: The issue of whether "blanket" additional insured endorsements require direct contractual privity with an insurance policy's "named insured" has received inconsistent treatment by U.S. courts. The...more

Texas Supreme Court Holds Attorney’s Fees are Not Recoverable Under the Texas Construction Trust Fund Act.

In an opinion delivered last week, the Texas Supreme Court held that attorney’s fees are not recoverable under the Texas Construction Trust Fund Act. Dudley Construction, Ltd. v. ACT Pipe and Supply, Inc., No. 16-0651 (Tex....more

New York Insurance Law: Under Construction

Imagine you hired a general contractor to renovate the master bathroom of your home. The general contractor hired a subcontractor to do the plumbing work, but the subcontractor botched the job, resulting in a massive leak...more

OFCCP Announces Lower Annual VEVRAA Hiring Benchmark for 2018

On March 30, 2018, the Office of Federal Contract Compliance Programs (OFCCP) announced the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark for 2018. Effective March 31, 2018, the hiring benchmark...more

OHA Clarifies Ostensible Subcontractor Rule

by Davis Wright Tremaine LLP on

At the end of last year, the Small Business Administration Office of Hearings and Appeals (“OHA”) issued a decision that further clarified the “ostensible subcontractor” rule. This rule may result in affiliation when a small...more

Addressing the Steel and Aluminum Tariffs in the Construction Industry

by Sherman & Howard L.L.C. on

On March 8, 2018, President Trump’s administration signed two proclamations levying a twenty-five percent tariff on imported steel and a ten percent tariff on aluminum, both of which went into effect on March 23, 2018. ...more

Is Illinois Ready for Retainage Reform?

Illinois is considering joining the growing ranks of states that restrict retainage withheld on private or public construction projects. Illinois Senate Bill 3052, invalidating contract clauses calling for retainage in...more

Florida Court of Appeals Clarifies How the Statute Governing Indemnification Provisions in Construction Contracts Applies

by White and Williams LLP on

In Blok Builders, LLC v. Katryniok, 2018 Fla. App. LEXIS 1312, the Court of Appeals of Florida for the Fourth District considered whether Florida Statute § 725.06 applied to a contract for the excavation of various...more

OFCCP’s New Directive On Predetermination Notices Gives Contractors A Second Chance

Effective February 27, 2018, the Office of Federal Contract Compliance Programs (OFCCP), which is charged with ensuring federal contractors and subcontractors provide equal employment opportunity, issued Directive 2018-01,...more

Government Contracts Legislative and Regulatory Updates - March 2018

by Dentons on

Our March edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of February....more

The End of the "Deemed Liability" Adjudication in Western Australia

by Jones Day on

The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...more

Limit of a General Contractor's Liability Under the Common Work Area Doctrine

by Clark Hill PLC on

The Court of Appeals, in the recent decision Cockfield v. Sachse Construction & Development Corporation, et al., has again analyzed the affirmative obligations a general contract has to ensure the safety of subcontractors’...more

Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

In Delgadillo v. Television Center, Inc., 2018 No. B270985, the California Court of Appeal examined and refined the Privette doctrine. Mr. Delgadillo worked as a supervisor/window cleaner for a company named Chamberlin...more

What’s on Your Bulletin Board? Federal Contractor and Subcontractor Posting Requirements

Federal contractors and subcontractors must post certain information to inform job seekers and/or employees of applicable policies, regulations, and laws. During a compliance review by the Office of Federal Contract...more

Federal Contractors and Subcontractors: Are Your EEO Posters Up To Date?

by Hogan Lovells on

Most employers are required to post the familiar EEO Is the Law poster. This is a friendly reminder that the OFCCP (Office of Federal Contract Compliance Programs) also requires federal contractors and subcontractors subject...more

Minimizing Liability For Business Associate Misconduct

by Holland & Hart LLP on

Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more

Scheduling letters to federal contractors go out soon. Is your company ready for an audit by the OFCCP?

by Nexsen Pruet, PLLC on

A thousand or more federal contractor and subcontractor establishments will receive audit scheduling letters in the next few weeks because they have been picked for a compliance review by the government—and it is not too late...more

1,187 Results
|
View per page
Page: of 48
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.