News & Analysis as of

Subcontractors Construction Industry

Cohen Seglias Pallas Greenhall & Furman PC

Negotiating Construction Disputes: Lessons Learned from “Getting to Yes”

Disputes are a fact of life in the construction industry. As a practicing construction attorney for twenty years, both with a law firm and as in-house at a national construction contractor, I have negotiated and helped...more

Porter Hedges LLP

The Importance of Change Orders on Construction Claims

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While change orders are widely viewed as a mechanism to increase the contract price in a construction contract, sophisticated players understand that change orders can and should be used to manage claims....more

Warner Norcross + Judd

The Michigan Builders Trust Fund Act May Include More than Traditional Construction Projects

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The Michigan Building Contract Fund Act, commonly known as the Michigan Builders Trust Fund Act (MBTFA), is well known to those in the construction industry. The provision requires that when a contractor is paid for a...more

Kennedys

Recent First Department decision revisits duty of care and common law negligence

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The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined...more

Carr Maloney P.C.

Coverage Exclusion Under Commercial General Liability Policy In Light of OCIP

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Understanding coverage exclusions in a subcontractor’s commercial general liability insurance policy can be a daunting task. What the insuring language of the policy appears to provide, may be taken away through a policy...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Preventing and Overcoming Project Delays

The key to the timely completion of a construction project is the preparation and maintenance of a comprehensive project schedule utilizing the critical path method (CPM) of scheduling. Preparation of a CPM schedule requires...more

Stark & Stark

Construction Liens - What is a Lien Fund?

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Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In...more

Littler

New OFCCP Construction Scheduling Letter and Itemized Listing

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On October 2, 2024, U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a new Construction Scheduling Letter and Itemized Listing, OMB NO. 1250-0001 (“Construction Scheduling Letter”)....more

Porter Hedges LLP

Owners’ Rights Pursuing Claims Directly Against Subcontractors/Vendors

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In construction disputes, owners typically deal with defects within the scope of work of the subcontractor or vendor by pursuing claims directly against the general contractor. The owner, however, may consider pursuing claims...more

Mayer Brown

Legal Developments in Construction Law: September 2024

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1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE - Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 9, September 2024

Welcome to our ninth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Building Code Legislation Becomes Law - Why this is important: Senate Bill 166, 2024 Building Code Regulatory...more

Miller Nash LLP

[Webinar] Finish First When Others Around You Fall: Tips on How to Financially Protect Your Organization During a Project -...

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From a practical business perspective, you can evade disaster, protect your payments from others’ financial shortages, and avoid the pitfalls of another’s bankruptcy—and still end up first—with a bit of knowledge, planning,...more

BCLP

HK Security of Payment Bill: An Insolvency Exception to Ban Against “Pay When Paid” Clauses?

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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

Stoel Rives LLP

Document Preservation, Collection and Production Obligations

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Whether a construction dispute is subject to arbitration or court litigation, the parties to the dispute will most likely engage in a process to exchange their project files, project-related emails, and a myriad of other...more

Segal McCambridge

New York Labor Law Appellate Division Round-Up

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Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Bradley Arant Boult Cummings LLP

Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor

A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In...more

Warner Norcross + Judd

Liberating Property: Bonding Off Construction Liens in Michigan

An owner hired a contractor to make improvements on real property, but the contractor failed to pay its subcontractors or suppliers. What happens next? Under Michigan’s Construction Lien Act, contractors, subcontractors,...more

Ward and Smith, P.A.

Risk Reduction Strategies for Construction Contractors in North Carolina

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Today's construction environment demands a lot from contractors who are pulled in multiple directions and whose responsibilities may seem limitless. Beyond performing good work, managing and effectively communicating...more

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

Bradley Arant Boult Cummings LLP

Designer Qualifies as Subcontractor Under Colorado Prompt Payment Act

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

Perkins Coie

District Court in Texas Blocks DOL Wage Rules Under Davis-Bacon Act

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The U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction blocking certain wage rules adopted by the Department of Labor (DOL) that had expanded coverage of the Davis-Bacon Act...more

Snell & Wilmer

Mechanics’ Liens: Misapplication of a “Blanket Lien” Under Colorado’s General Mechanics’ Lien Act

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A mechanics’ lien affords unpaid contractors, subcontractors, laborers, and/or material suppliers a security interest in the property’s real estate and title. A blanket lien is a type of mechanics’ lien that covers more than...more

Stoel Rives LLP

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

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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

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor...

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Joan Moore and Mim Munzel from The Arbor Consulting Group join the podcast again to discuss compliance issues for federal construction contractors and sub-contractors. The pair discuss affirmative action regulations, audits,...more

Bennett Jones LLP

Prompt Payment Update—Alberta's Court of King's Bench Concludes Adjudicator Decisions under the PPCLA

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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

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