News & Analysis as of

Subcontractors Waivers Construction Project

White and Williams LLP

Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors

In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large warehouse facility waived its...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court of Appeals Confirms Partial Lien Waivers Do Not Waive Lien Rights

In a recent decision, the North Carolina Court of Appeals held that a general contractor’s execution of partial lien waivers did not prejudice a supplier’s lien rights on the construction project. The case is Atlantech...more

Saul Ewing LLP

Subcontractors Take Note: Flow-Down Clauses Can Act As Contractual Waivers

Saul Ewing LLP on

Flow-down (or “pass-through” or “conduit”) clauses are a common feature in construction contracts, particularly in projects involving multiple tiers of contracts. These clauses are intended to ensure the terms and conditions...more

Bradley Arant Boult Cummings LLP

Wait, Is My Lien Waiver Enforceable?

If you get into a construction dispute concerning payments made to your contractor, subcontractor, or supplier, you want to be sure that your lien waivers are enforceable in your jurisdiction. A lien waiver is an agreement...more

Buchalter

Broad Form Lien Waivers No Longer Part of the Game in North Carolina

Buchalter on

North Carolina Avenue is one of the hottest properties in Monopoly, says most of my kids.  And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to...more

Smith Debnam Narron Drake Saintsing & Myers,...

New Changes to North Carolina Construction Law

New legislation in North Carolina makes changes to various laws governing construction projects. The changes affect design-build projects, lien waivers requested from subcontractors, and a lien claimant’s ability to obtain an...more

Troutman Pepper

Federal Court in New Hampshire Holds That Subcontractor May Pursue a Mechanics’ Lien Despite Signing Written Lien Waivers and...

Troutman Pepper on

Fraser Eng’g Co. v. IPS-Integrated Project Servs., LLC, 2018 US Dist. LEXIS 51392 (D.N.H. March 27, 2018) - IPS-Integrated Project Services, LLC (“IPS”) was the general contractor on a project to design and construct a...more

Jackson Walker

Latest Developments in Arbitration for the Construction Law Practitioner

Jackson Walker on

G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate - By far, the most recent, significant arbitration development for construction law practitioners was the...more

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