A Delaware trial court, applying New Jersey and Delaware law, recently ruled that a general contractor, despite not being a party to either a loan agreement or loan commitment, could successfully recover damages from a...more
A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to...more
A Texas appellate court recently ruled that an owner properly terminated its contract with a contractor, despite the owner’s failure to provide the contractor notice and an opportunity to cure. See TPG (Post Oak) Acquisition,...more
A recent Massachusetts trial court decision ruled that any objections to a payment application are waived unless a reviewing owner or contractor strictly follows the Massachusetts Prompt Payment Statute, Prompt Payment Act,...more
Jurisdictions Limiting Construction Work - Massachusetts: Construction generally is allowed in Massachusetts for all residential construction and certain “essential” commercial construction, including in the City of Boston,...more
Jurisdictions Limiting Construction Work: Massachusetts: Construction generally is allowed in Massachusetts for all residential construction and certain “essential” commercial construction. However, certain cities and towns...more
This update tracks COVID-19 shutdown orders as of April 29, 2020, 12:00 p.m. EDT that affect construction projects in Delaware, the District of Columbia, Florida, Illinois, Massachusetts, Minnesota, New Jersey, New York and...more
A recent decision from the D.C. Circuit Court of Appeals provides notice to construction performance bond owners and sureties that a bond owner may forfeit its rights under a bond if timely notice of default is not provided...more
This update tracks COVID-19 shutdown orders as of April 2, 2020, 12:00 p.m. ET that affect construction projects in Delaware, the District of Columbia, Florida, Illinois, Massachusetts, Minnesota, New Jersey, New York and...more
As the CDC issues guidelines progressively cautioning against attending activities with more than 1000, then 500, then 250, and now 50 people, it was only a matter of time before the coronavirus (COVID-19) impacted...more
From environmental risks and shifting OSHA regulations to community engagement and emerging workplace issues involving medical marijuana use, the construction industry faces many challenges. ...more
Construction contracts often contain agreements requiring mediation before a party may file a lawsuit. However, a party may not want to wait through the mediation process and instead may prefer to go straight to a lawsuit....more
A recent Federal Court summary judgment decision provides a stark warning for contractors and owners to adequately secure their construction sites, or risk denial of insurance coverage. ...more
In late April we reported on a New Jersey Appellate Court decision holding that funds obtained from salvaged materials could be used to pay lien claimants. ...more
The United States Court of Appeals for the Eighth Circuit recently upheld an Eastern District of Arkansas decision (applying Missouri Law) ruling that a general contractor’s threats to a subcontractor constituted a material...more
Until last week, Contractors in Massachusetts only could succeed on a breach of contract claim if the contractor proved complete and strict performance of all contractual terms. Furthermore, a contractor only could recover...more
Construction owners often require their contractors to name the owner as an additional insured on the contractor’s insurance policy. But what happens when the owner requires the contractor to name the owner’s construction...more
Termination for convenience clauses are common in construction contracts with governmental entities and provide the government with disproportionate power over whether a contractor will be able to fully perform its contract. ...more
A recent decision from the Northern District of Ohio denied insurance coverage for claims involving construction delays, breach of contract, and property damage claims. See Maxum Indemnity Co. v. The Robbins Co., No. 1:17 CV...more
A recent Massachusetts Supreme Judicial Court decision held that condominium developers cannot create a condominium that “makes it extraordinarily difficult or even impossible for the trustees to initiate any litigation...more
While the process for filing and perfecting a mechanic’s lien (also called a construction lien in certain states) varies from state to state, federal bankruptcy law applies to all states. As a result, a bankruptcy filing by...more
The use of drones on construction projects is increasing rapidly, as the construction industry realizes their many beneficial uses, including: collecting and analyzing aerial imagery; surveying; digitizing geographic terrain;...more
The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors.
In August 2015, the Attorney...more
10/13/2015
/ Architecture ,
Community Development ,
Compliance ,
Construction Industry ,
Contractors ,
DBE/MBE ,
Design-Build ,
Educational Institutions ,
False Claims Act (FCA) ,
Federal Contractors ,
Interference Proceeding ,
Minority-Owned Businesses ,
Negligent Misrepresentation ,
No Damage For Delay ,
School Districts ,
Universities ,
Urban Planning & Development ,
Women-Owned Businesses
Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more
9/3/2015
/ American Arbitration Association ,
Arbitration ,
CASPA ,
Competitive Bidding ,
Construction Industry ,
Contractors ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Federal Contractors ,
Inside Information ,
Joinder ,
Mediation ,
Natural Gas ,
PA Supreme Court ,
Prompt Payment ,
Public Private Partnerships (P3s) ,
Public Projects ,
Subcontractors ,
Telecommunications ,
Wireless Industry
In This Issue:
- Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions
- Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more
5/5/2015
/ Arbitration ,
Attorney's Fees ,
Competitive Bidding ,
Construction Contracts ,
Construction Industry ,
Construction Site ,
Contractors ,
General Contractors ,
New Legislation ,
PA Supreme Court ,
Public Private Partnerships (P3s) ,
Site Condition Claim