News & Analysis as of

Notice Requirements Construction Project

Gray Reed

Preparing Contracts for Hurricane Season – Force Majeure

Gray Reed on

The recent derecho storm caused severe damage throughout Houston and the surrounding area. The intense winds and flash flooding served as a costly lesson to many contractors and project owners. With the expected active...more

BCLP

Conditions Precedent and Time Bars, Getting Around Them

BCLP on

When a party fails to comply with a condition precedent, especially if such a provision includes a time limit for the fulfilment of the obligation, it will often advance various arguments to avoid the consequences of...more

Porter Hedges LLP

Key Considerations to Perfect Performance Bond Claims in Texas

Porter Hedges LLP on

Perfecting a performance bond claim in Texas requires careful attention to legal requirements and procedural details set forth on the face of the bond and under Texas law. Perfection of a performance bond claim is often...more

K&L Gates LLP

WA Regulation of Performance Security in Contracts

K&L Gates LLP on

All participants in the construction industry should be aware of legislative provisions that apply to performance security in more recent construction contracts for projects in Western Australia. The changes create new...more

Lathrop GPM

Virginia Federal Court Enforces Alleged “Scrivener’s Error” Extending Term

Lathrop GPM on

A federal court in Virginia recently enforced an alleged “scrivener’s error” that extended the term of a development agreement for one developer, while enforcing notice requirements to uphold a nonrenewal for another...more

Saiber LLC

The Saiber Construction Law Column: October 2022

Saiber LLC on

When it comes to contracts, New Jersey courts, like courts in other jurisdictions, enforce them according to their plain and ordinary meaning. So when a contract’s terms are clear, the court will enforce it as written....more

Bricker Graydon LLP

Mechanics' liens and public improvements: A primer

Bricker Graydon LLP on

Mechanics' liens on public construction projects are a fact of life. Although they may seem familiar, it does not pay to regard them too casually. Mechanics' liens are statutory creatures, and anyone dealing with them needs...more

Gray Reed

Texas Supreme Court: Actual Notice Does Not Satisfy Written Notice Requirement

Gray Reed on

In James Construction Group, LLC v. Westlake Chemical Corporation, the Texas Supreme Court clarified the standard necessary to satisfy notice provisions in a construction contract.  The Court’s opinion reached two key...more

Bricker Graydon LLP

The First Appellate District Court of Ohio confirms a contractor’s failure to notify OUPS before “grinding” operations is a breach...

Bricker Graydon LLP on

Recently, the First Appellate District confirmed that a failure to contact Ohio Utility Protection Service (OUPS) is a breach of an excavator’s duty of care and the plaintiff was entitled to recover the amount of damages...more

Cohen Seglias Pallas Greenhall & Furman PC

Practical Training for Project Managers & Supervisors Two-Part Webinar Series: Part Two

In this webinar series, George Pallas and Kathleen Morley present practical tips and training to project managers and supervisors regarding best practices in project management. Using real-life examples, George and Kathleen...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Practical Training for Project Managers & Supervisors: Part Two: Important Contract Provisions, Claims Preservation, and...

In this webinar series, George Pallas and Kathleen Morley will present practical tips and training to project managers and supervisors regarding best practices in project management. Using real-life examples, George and...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

Ballard Spahr LLP on

The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Jones Day

Western Australia Proposes Building and Construction Industry (Security of Payment) Bill 2020

Jones Day on

The Western Australian government has sought industry comment on a suite of significant proposed reforms to the WA security of payment regime ("SOP"). If passed, the Bill represents the most significant reform to the...more

Ward and Smith, P.A.

The Notice of Contract Mechanism: How Contractors Can Avoid Double Payment

Ward and Smith, P.A. on

As the economic crisis stemming from the coronavirus pandemic unfolds, it is ever more important that contractors and subcontractors protect their payment rights and avoid the risk of double payment; i.e., the risk of having...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

Troutman Pepper

Best Practice With Notices for Force Majeure Events

Troutman Pepper on

As the wave of reopening orders sweeps across the country, businesses see a light at the end of the tunnel. That light, however, in many instances is still yellow, and may be so for some time to come. ...more

Snell & Wilmer

An Approach to Determining Exemption from Stay in Place Orders - Construction in California

Snell & Wilmer on

Given the number of orders that have been issued by California public authorities, you may want to consider some type of systematic approach to analyzing if you qualify as an Essential Business and whether your projects are...more

Lowndes

The Risks Of Unnecessary Fla. Property Improvement Notices

Lowndes on

There’s no doubt about it, the U.S. real estate market is strong. With low interest rates and low unemployment rates, it is not surprising that the National Association of Realtors included parts of Florida among the top 10...more

Buchalter

When Does A Claim for Damages Not Require Notice? When It Is One For Liquidated Damages.

Buchalter on

I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim.  A court in Oklahoma just reminded me that not all claims require notice.  Here’s what I...more

Buchalter

Can A Construction Contractor Email Notice of a Claim? Maybe!

Buchalter on

A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting....more

Carlton Fields

The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy

Carlton Fields on

Many contracts include a choice-of-law provision in which the parties agree to use a particular jurisdiction’s set of laws to govern the contract. These provisions promote predictability. No matter where a dispute may arise...more

Bennett Jones LLP

Prompt Payment for Construction in Ontario

Bennett Jones LLP on

Prompt payment arrived for Ontario's construction industry October 1, 2019. The final stage of implementation of the changes introduced the Construction Lien Amendment Act, 2017, came into force on October 1, 2019. Subject to...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

Jaburg Wilk

Arizona Mechanics' Lien Rights Expand Under New Law

Jaburg Wilk on

New legislation (SB 1304) is amending A.R.S. § 33-992.01 (governing “preliminary twenty-day notices”) to increase the “lien reach” of Arizona 20-day Preliminary Notices to 30% (up from the 20% we’ve known for decades). This...more

Seyfarth Shaw LLP

A Trap for the Unwary Owner, Lender, and General Contractor: Avoiding Criminal Liability and Civil Penalties in Connection with...

Seyfarth Shaw LLP on

For any “prime” or general construction contract that is $500,000 or greater and all subcontracts thereunder (regardless of amount), Tennessee law requires that the owner (and by implication, any construction lender funding...more

30 Results
 / 
View per page
Page: of 2

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide