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Appeals › Construction Contracts › Prompt Payment

Spilman Thomas & Battle, PLLC

CASPA Clash: Major Victory for Contractor in Pipeline Project Dispute as Third Circuit upholds CASPA Penalties and Fees

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In a significant decision on April 17, 2024, the U.S. Court of Appeals for the Third Circuit upheld significant penalties and attorney fees awarded to C.J. Hughes Construction Company, Inc. under the Pennsylvania Contractor...more

Saiber LLC

The Saiber Construction Law Column: July/August 2022

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The June 2022 edition of OnSite Magazine discussed the case of J&M Interiors v. Centerton Square Owners, which addressed a subcontractor’s right to be paid under New Jersey’s Prompt Payment Act (“PPA”). Several months after...more

Robinson+Cole Construction Law Zone

Massachusetts Appeals Court Strictly Construes Prompt Payment Act

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On June 7, 2022, the Massachusetts Appeals Court issued an opinion of first impression regarding the Massachusetts Prompt Payment Act, G.L. c. 149 § 29E (the “Act”).  In Tocci Building Corp. v. IRIV Partners, LLC, Appeals Ct....more

Snell & Wilmer

Nevada Supreme Court Finds That Pay-If-Paid Provisions in Construction Contracts Are Not Per Se Unenforceable Under Prompt Payment...

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In October, the Nevada Supreme Court revisited the enforceability of pay-if-paid clauses in construction contracts. Despite being enacted nearly two decades ago and being amended several times since, the Nevada Prompt Payment...more

Harris Beach PLLC

Trial Court Strictly Construes Massachusetts Prompt Pay Law Against Owner

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This first known decision interpreting the statute clarifies the consequences of an Owner’s failure to properly reject applications for payment. A recent first-of-its-kind ruling from the Massachusetts Superior Court...more

Troutman Pepper

Under Louisiana Payment Act, Once Contractor Meets Contractual Requirements for Final Payment, Public Entity Has a Duty to Issue...

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Woodrow Wilson Constr. LLC v. Orleans Par. Sch. Bd., 2018 La. App. LEXIS 762 (April 18, 2018) - The Orleans Parish School Board (“OPSB”) awarded a prime contract to Woodrow Wilson Construction (“WWC”) for the construction...more

Troutman Pepper

If You Want To Avoid Prejudgment Interest You Have To Expressly Say So In The Contract, Merely Striking The Interest Provision...

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G&G Mech. Constructors, Inc. v. Jeff City Indus., Inc., No. WD80840, 2018 Mo. App. LEXIS 271 (Mar. 20, 2018). This case arose out of a project in Columbia, Missouri on which Jeff City Industry, Inc. (“JCI”) was the...more

Sheppard Mullin Richter & Hampton LLP

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

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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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