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Conn Kavanaugh

Residential Construction Projects: After Construction (Part 3)

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This article is part 3 of a series of articles discussing common considerations for homeowners before, during, and after a residential construction project. Part 3 focuses on what homeowners should look out for after...more

Stoel Rives LLP

From Lien to Clean: Addressing an Expired Lien in the Chain of Title

Stoel Rives LLP on

One of the most common protections for laborers, contractors, suppliers, and others providing construction services or materials for a project is the right to a lien against the project property for the value of the work...more

Ankura

Project Delivery With Building Information Modeling (BIM): Challenges and Risk Mitigation – Part II

Ankura on

Whether you are an owner, design professional, design consultant, construction manager (CM), general contractor (GC), or subcontractor, it is almost inevitable that you will encounter the use of building information modeling...more

Stoel Rives -  Ahead of Schedule

A Case in How to Delegate and Avoid Landowner Liability for Contractor Employees

In a case of first impression in Washington, the Washington State Supreme Court held that a landowner may satisfy its duty to guard an invitee “against known or obvious dangers on the premises by delegating the duty of...more

Stoel Rives -  Ahead of Schedule

Washington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc.

Washington’s construction lien statute, RCW 60.04, balances the interests of persons performing work to improve real property with the interests of property owners in avoiding the necessity of paying for the same work twice....more

Stoel Rives -  Ahead of Schedule

A Reminder for Contractors of Perils of Not Registering

Chapter 18.27 of the Revised Code of Washington (“chapter”) contains the requirements for contractors performing services in Washington state. This chapter governs who is considered a contractor, the registration requirements...more

Miller Canfield

Construction Liens in Ontario: An Introductory Guide for Contractors

Miller Canfield on

A construction lien is a legal mechanism that helps protect contractors, subcontractors, and suppliers (collectively the “Lien Claimant”) from non-payment for their work on a construction project. In Ontario, construction...more

Bradley Arant Boult Cummings LLP

An Update and Refresher on Retainage

Depending on the state, retainage often provides an owner a security interest in unpaid funds to help cover completion costs or other damages that may later occur by withholding a certain portion (typically 5-10%) of contract...more

Bradley Arant Boult Cummings LLP

You’ll Be Seeing More of These: AIA Releases New Lien Release Forms

As many in the construction industry are aware, owners and lenders often require prime contractors, subcontractors, and suppliers to execute sworn statements and lien waiver and release forms as a prerequisite to payment....more

Amundsen Davis LLC

New Changes to Illinois’ Wage Payment and Collection Law Seeks to Pressure General Contractors to Become Union Signatory

Amundsen Davis LLC on

On June 10, 2022 Governor Pritzker signed into law two new amendments to the Illinois Wage Payment and Collection Act (“Act”) that now expose non-union general contractors to liability for the wages of their subcontractor’s...more

Miller Canfield

Poland: Project owner liability to subcontractor under unjust enrichment provisions of Civil Code - selected issues

Miller Canfield on

Three distinct parties are usually involved in the delivery of a construction project: the project owner, the general contractor, and the subcontractor (or subcontractors). But whereas the relationship between the project...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Shocked - Electric Contractor

Dear YouDig? We are an electric subcontractor and for years we worked all over Ohio. We are happy to get the work but so often we can’t get paid. Seems like the little guy always gets stiffed. What are we doing wrong? –...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

King & Spalding on

Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

Greenbaum, Rowe, Smith & Davis LLP

COVID-19 Construction Alert: Force Majeure and Notice Provisions in Construction Contracts Take Center Stage in the Age of...

Before the advent of COVID-19, nobody paid much attention to force majeure clauses in construction contracts. These clauses were often boilerplate provisions, tucked away in the general conditions part of the contract...more

Rivkin Radler LLP

Protect Your Construction Project from Problems Related to Coronavirus

Rivkin Radler LLP on

The impact of COVID-19 on construction and development is evolving each and every day. Issues have arisen, and will continue to arise, with respect to maintaining project schedules, safety concerns, and learning of and...more

Farrell Fritz, P.C.

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

Farrell Fritz, P.C. on

In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone,...more

Bass, Berry & Sims PLC

Significant 2019 Tennessee Construction Decisions

Bass, Berry & Sims PLC on

This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year. Holdback Payments Are Not Retainage - Tennessee’s Prompt Pay...more

Bradley Arant Boult Cummings LLP

In Alabama, Not All Debts Are Created Equal

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as to debts relating to construction projects, and this intent was recently...more

Pierce Atwood LLP

Additional Insurance Coverage: Fundamentals and Misconceptions

Pierce Atwood LLP on

Additional insured (“AI”) requirements for commercial general liability (CGL) policies are very common in construction contracts.  An Owner routinely requires its general contractor (“GC”) to provide AI coverage for itself,...more

Butler Snow LLP

New Construction Lien Legislation in Tennessee

Butler Snow LLP on

Changes to Remedies in Lien Enforcement Actions - New legislation in Tennessee has limited the recovery of attorney’s fees, expenses, and actual and liquidated damages in instances where a real property owner seeks to...more

Snell & Wilmer

2019 Amendments Affecting Residential Construction

Snell & Wilmer on

Under Arizona law, when a purchaser of a new residential dwelling unit alleges a construction defect, the purchaser generally is required to first provide notice of the defect to the homebuilder prior to filing a formal...more

Bradley Arant Boult Cummings LLP

Creative Legislative Solutions To Bond Off Mechanic’s Liens

Whether you are the owner or the general contractor, dealing with mechanic’s liens filed by subcontractors or suppliers can be frustrating and, in some cases, present the very real threat of having to pay twice for work or...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? The Power of cookies. I’ll take 3, YouDig?

Dear YouDig?, We built a beautiful new building. Our customers and employees love it.  What many of them don’t know is that the “AC” part of the HVAC is jacked up and summer is a-comin’. I complained and the GC came to my...more

Ward and Smith, P.A.

Construction Law: Final Payment by Owner, Avoiding Lien Claims

Ward and Smith, P.A. on

A contractor has finished work on a construction project in North Carolina and submitted a written request for final payment to the owner of the real property that has been improved by the construction. The owner is...more

Sheppard Mullin Richter & Hampton LLP

“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

It is industry standard in California for owners of a construction project to make monthly payments to a contractor for work it has completed, less a certain percentage that is withheld as a guarantee of future satisfactory...more

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