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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

Robinson+Cole Construction Law Zone

Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision

In NASDI, LLC v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV), 2024 WL 1270188 (2d Cir. Mar. 26, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s grant of summary judgment dismissing a...more

Gray Reed

The Fine Print Matters: Five Contract Clauses Subcontractors and Suppliers Can’t Ignore

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It never hurts to stop and take a minute to read what you are signing. This is especially true when entering into a contract with a new customer, vendor or on a new project. Your company (and your attorney) will thank you...more

Gray Reed

It Doesn’t Pay to Delay: Prompt Payment Acts in Texas

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If an owner or general contractor fails to timely pay on a project, you may be entitled to prompt pay interest. Prompt payment acts are intended to deter late payments by general contractors and owners by enabling contractors...more

Mayer Brown

Legal Developments in Construction Law: February 2024

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1. "Smash & grab" claim + true value claim = one adjudication dispute, or two? A subcontractor resisting enforcement of an adjudication award claimed that the adjudicator had exceeded their jurisdiction....more

Carr Maloney P.C.

“Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia

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General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more

Gray Reed

Texas Legislature Expands Suspension Rights Under the Prompt Pay Acts

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The private and public prompt pay acts both provide contractors and subcontractors with the right to stop work if an owner or upstream contractor fails to pay an undisputed amount.  With H.B. 3485, the Texas legislature has...more

Barnea Jaffa Lande & Co.

Contractor’s Insolvency during a Real Estate Project – How to Minimize Damages?

In recent years, Israel’s real estate and infrastructure market has experienced many cases of the corporate collapse of performance contractors. Just recently, a court ordered a temporary stay of proceedings against the...more

Robinson+Cole Construction Law Zone

Subcontract Payment Provisions Mean Exactly What They Say in Connecticut

The recent Connecticut Appellate Court decision in Electrical Contractors, Inc. v. 50 Morgan Hospitality Group, LLC, 211 Conn. App. 724 (2022), eliminated any remaining doubt regarding a subcontractor’s right to payment for...more

Shumaker, Loop & Kendrick, LLP

2022 Construction Industry Legislative Update

The 2022 Legislative Session saw a number of bills signed into law, effective July 1, 2022, which impact the construction industry. Below is a summary of key changes....more

Akerman LLP

Virginia Prohibits Pay-If-Paid Clauses and Limits Pay-When-Paid Language

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On April 27, 2022, Virginia Governor Glenn Youngkin ratified amendments to two Virginia statutes, prohibiting pay-if-paid clauses in construction contracts, and limiting the effectiveness of pay-when-paid clauses in certain...more

Robinson+Cole Construction Law Zone

Massachusetts Appeals Court Strictly Construes Prompt Payment Act

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

Sherman & Howard L.L.C.

[Event] Annual Construction Law Seminar for Colorado Businesses - Latest Legal Developments Facing the Industry - March 4th,...

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This program is ideal for general contractors, subcontractors, real estate...more

Robinson+Cole Construction Law Zone

Connecticut Superior Court Holds That “Slaughter Clauses” Cannot be Added to Public Works Subcontracts Under Connecticut General...

While you may not have heard the term “slaughter clauses” to describe the provisions of a construction contract before, the metaphor makes sense when one considers the provisions to which the Connecticut Superior Court...more

Pullman & Comley, LLC

Bonding Off Mechanic's Liens:  Not Just for Property Owners

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Property owners are often confronted with a contractor threatening a mechanic’s lien on their property. These liens may stem from a dispute between them and their contractor, or even between a subcontractor and a general...more

Ward and Smith, P.A.

Joint Check Agreements in Construction: Use with Caution

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Construction projects involve a tiered relationship, which consists of (a) the project owner, (b) a general contractor hired by the owner who manages the construction project as a whole, (c) first-tier subcontractors hired by...more

Sherman & Howard L.L.C.

[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate...more

Brooks Pierce

Growth of Modular Construction Raises New Legal Questions

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A growing number of developers, particularly in the multifamily and hospitality sectors, are using modular construction to reduce construction costs and build projects more quickly and efficiently, with less risk of...more

Snell & Wilmer

Under Construction - March 2017

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Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

Smith Anderson

Construction Lien Law: What You Need to Know to Protect Your Company

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Presented by Tobey Coleman and Emily Yeatts This webinar provides an overview of North Carolina’s construction lien laws and how they apply to and impact each party involved in a typical construction project – owners and...more

Snell & Wilmer

General Contractor’s Prospective Waiver of its Lien Rights is Enforceable in California

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In an opinion published in September 2014, entitled Moorefield Construction, Inc. v. Intervest Mortgage Investment Company, et al., D065464, the California Court of Appeal held an original contractor can contractually waive...more

Bilzin Sumberg

Condo Developers Getting Relief From Washington

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In an uncharacteristic bipartisan style, the House of Representatives of the U.S. Congress passed H.R. 2600 on September 26, 2013, and almost a year later, on September 19, 2014, the Senate followed by enacting S.2101....more

Dorsey & Whitney LLP

Minnesota Legislature Establishes New Requirements for Public Contractors

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On May 16, 2014, the Minnesota Legislature enacted a new statute that sets out several criteria for contractors bidding on public construction projects. The statute is effective as of January 1, 2015, and attempts to enhance...more

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