Pay to Play Risk is High due to New Jersey 2021 Elections: Reduce your risk now!
Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018. ...more
Effective October 3, 2023, the threshold amount for rejecting bids when they exceed the original construction estimate will increase for certain Ohio public entities. Previously, Ohio Revised Code (ORC)153.12 specified that...more
On November 1, 2023, the Massachusetts Office of Attorney General (“AG”) issued a press release announcing the issuance of a judgment against a local contractor arising out of its subcontractor’s failure to pay prevailing...more
In its 2023 budget bill, H.B. 33, the Ohio Legislature modified several provisions of the Ohio Revised Code that establish dollar thresholds for when certain public authorities must competitively bid for certain goods and...more
In 2022, the General Assembly enacted significant changes to Virginia Code §§ 2.2-4347, 2.2-4354 and 11-4.6 that mandated prompt payment by owners, contractors and subcontractors on public and private construction projects...more
Here’s the Scenario: Try explaining the concept of “retainage” to a businessperson unfamiliar with the construction industry at your next holiday party. Here’s the typical response as she spits out her eggnog: “Wait a minute:...more
Highlights: The original version of this article was published in the Spring 2011 issue of Brickerconstructionlaw.com. It has been updated based upon experiences over the last eleven years and additional review of the...more
The statutes of limitations set forth in the CPLR are default rules, and parties generally are free to modify default rules by agreement. But statutes of limitations also further the important public interests, such as...more
Applying New York law, a New York state trial court granted an insurer’s motion for summary judgment where an insured sought coverage under a private company D&O policy for a settlement it had paid for fraudulent filings for...more
Welcome! If we have learned anything, 2020 has been an unexpected year. The pandemic has impacted the construction industry -- as it has with all industries -- over the past several months. Another thing that we know is...more
Popple Construction, Inc. v. Reilly Associates, Inc. No. 775-MDA-2017, 2019 BL 213236 (Pa. Sup. Ct., June 10, 2019). On June 10, 2019, the Superior Court of Pennsylvania affirmed a lower court decision to deny a motion to...more
Dep’t of Transp. v. Seattle Tunnel Partners, 2019 BL 36988, 2 (Wash. App. Div. 2 Feb. 05, 2019) - On January 8, 2019, the Court of Appeals for the State of Washington reversed and remanded in part a trial court’s grant of...more
Connelly Constr. Corp. v. Travelers Cas. & Surety Co. of Am., 2018 U.S. Dist. LEXIS 123009 (E.D. Pa. July 24, 2018). The Commonwealth of Pennsylvania Department of General Services undertook a project for the construction...more
Pavik v. George & Lynch, Inc., No. 160, 2017, 2018 Del. LEXIS 133 (Mar. 23, 2018) - This case arises out of a highway reconstruction project and a car accident which occurred on the highway during non-working hours. ...more