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Construction Industry Waivers

Fox Rothschild LLP

Lessons Learned – Did I Waive My Claim Against the Government?

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Contractors working with the federal government understand that contract modifications are a fact of life. Projects rarely unfold exactly as planned – and changes to the scope of work, performance deadlines, and pricing...more

Saul Ewing LLP

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

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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

Conn Kavanaugh

Residential Construction Projects: Pre-construction Part 1

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This Article is Part 1 in a series of articles discussing common considerations that homeowners should look for before, during, and after a residential construction project. Part 1 focuses on arguably the most important...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

Cohen Seglias Pallas Greenhall & Furman PC

Lien Waivers and Releases of Claims: Be Careful Not to Sign Away Your Rights!

Welcome back to the DMV Construction Law Series, where we discuss emergent legal issues important to contractors. This installment looks at the use of the releases that are typically required to be signed with payment...more

Wiley Rein LLP

[Webinar] 2023 Federal Infrastructure Series: Build America, Buy America - April 18th, 12:00 pm - 1:00 pm EDT

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Please join us for the third episode of Wiley’s Federal Infrastructure Webinar series, a series of webinars that will bring together attorneys from across the firm to discuss current developments relating to the federal...more

DarrowEverett LLP

AIA Contracts are Especially Best Measured Twice and Cut Once

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In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down...more

Bradley Arant Boult Cummings LLP

Zombie Warranties: Courts Resurrecting Disclaimed or Waived Implied Warranties in Home Construction Contracts

Certain home construction contracts include clauses waiving implied warranties, such as the implied warranty of good workmanship and habitability. However, courts at times refuse to enforce such waivers, as the Arizona...more

Snell & Wilmer

Arizona Supreme Court Confirms Importance of Implied Warranties of Workmanship and Habitability

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n late September 2022, Arizona’s Supreme Court issued a new opinion important for any person or company working in residential construction. The Court’s opinion in Zambrano v. M & RC II LLC, et al affirms the importance of...more

Porter Hedges LLP

What is the Consequence of Excluding Consequential Damages from a Construction Contract?

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Excluding consequential damages has become a regular part of negotiating engineering and construction contracts. A typical clause excludes recovery of indirect, exemplary, and consequential damages for both parties. Beyond...more

Snell & Wilmer

Texas Finds Actual Notice is Not Substantial Compliance with a Written Notice Provision

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The Supreme Court of Texas recently addressed notice requirements in a construction contract. In James Construction Group, LLC v. Westlake Chemical Corporation, the court held that even though the substantial compliance...more

Baker Donelson

Significant Changes to Georgia Lien Law on January 1: Are You Prepared?

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Important changes to the Georgia law on waivers for mechanic's lien and payment bond claims (lien waivers) are effective January 1, 2021. Under current Georgia law, lien waivers are "conditional," meaning they do not waive...more

Bradley Arant Boult Cummings LLP

The Impact of the 2020 Tennessee Construction Legislation

After a number of controversial bills proposed from various industry groups over the last few years, the Tennessee construction community came together in 2020 to push through legislation intended to protect members of the...more

Eversheds Sutherland (US) LLP

New Georgia law confines statutory lien waivers to a claimant’s lien rights

On August 5, 2020, Georgia Governor Brian Kemp signed into law a revised version of Georgia’s mechanics’ and materialmen’s lien statute. Under the new law, a claimant’s submission of a statutory lien waiver will only impact...more

Miles Mediation & Arbitration

Georgia Changes Lien Law

On August 5, 2020, Georgia Governor Brian Kemp signed a new law, Senate Bill 315, changing Georgia’s lien law statute, O.C.G.A. 44-14-366. The new statute, effective January 1, 2021, makes clear that lien waivers only waive...more

Troutman Pepper Locke

Change in Georgia Lien Law

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On August 5, 2020, Governor Brian Kemp signed Georgia Senate Bill 315 into law. This new law, which is codified at Title 44, Chapter 14, Section 366 of the Official Code of Georgia Annotated, substantially changes the way...more

White and Williams LLP

Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in...

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In Rural Mut. Ins. Co. v. Lester Bldgs., LLC 2019 WI 70, 2019 Wisc. LEXIS 272, the Supreme Court of Wisconsin considered whether a subrogation waiver clause in a construction contract between the defendant and the plaintiff’s...more

Farella Braun + Martel LLP

Accessory Dwelling Units Authorized in New Construction

New legislation passed by the San Francisco Board of Supervisors on June 18 now authorizes the addition of Accessory Dwelling Units (ADUs) in new construction projects for single-family homes and multi-family buildings....more

Snell & Wilmer

Construction in Indian Country – What You Need To Know About Sovereign Immunity

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There are many legal issues to consider when bidding on and building projects in American Indian Country. Which labor and employment laws apply? Are there contracting or hiring preferences that apply? Do the Prompt Pay Act...more

Saul Ewing LLP

Waiver of Consequential Damages in Florida May have Unintended Consequences

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In Florida, parties often negotiate and include a waiver of consequential damages in construction contracts and design professional contracts. However, based on a recent decision by one Florida appellate court, waiving the...more

Littler

California Allows Employees in the Construction Industry to Waive PAGA Remedies Pursuant to Qualifying CBAs

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Among the approximately 1,000 bills signed by California Governor Brown last month was Assembly Bill 1654 ("AB 1654"), which allows a class of employees to waive the remedies created by the Private Attorney General Act of...more

Stoel Rives -  Ahead of Schedule

“Is Mike M. Johnson Here to Stay?”—Recent Washington Supreme Court Case Upholds Contractual Waiver of Claims Provision

In Nova Contracting, Inc. v. City of Olympia, No. 94711-2 (Wash. Sept. 29, 2018), the Washington Supreme Court, sitting en banc, ruled in favor of a municipality on the issue of whether the general contractor complied with a...more

White and Williams LLP

Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause

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In recent months, the Northern District of Mississippi has grappled with how to interpret waivers of subrogation in American Institute of Architects (AIA) construction industry contracts and, specifically, how they apply to...more

Bradley Arant Boult Cummings LLP

Be Aware of Sovereign Immunity - Construction and Procurement Law News, Q1 2018

Sovereign immunity is the legal doctrine, dating back to the days of the British monarchy, that a sovereign or state cannot commit a legal wrong and is immune from suit: in essence, “the king can do no wrong.” ...more

Bradley Arant Boult Cummings LLP

Buy American and Hire American: What it Means for the Construction Industry

On April 18, 2017, President Donald Trump signed into law the “Buy American and Hire American” Executive Order (No. 13788). The Order requires agencies to do a wholesale evaluation of their compliance with “Buy American” laws...more

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