News & Analysis as of

Payment Terms General Contractors

Phelps Dunbar

You Can Pay Me Now, or…

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The Utah Court of Appeals delivered a significant ruling – including its length, approximately 12,500 words – underscoring the critical importance of adhering to contract provisions, particularly regarding payment terms in...more

Stoel Rives LLP

New Law Requires Timely Payment of Undisputed Change Order Claims

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RCW 39.04.360, effective June 6, 2024, sets forth protections and assurances of payment for contractors, subcontractors, and suppliers that perform undisputed changed or additional work on both public and private construction...more

Venable LLP

New Law Sets Maximum Construction Contract Retainage at 5% in New York

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On November 17, 2023, Governor Kathy Hochul signed a bill into law amending Sections 756-a and 756-c of the New York State Prompt Payment Act (N.Y. Gen. Bus. Law §756 (McKinney 2009)) governing restrictions on retainage and...more

Williams Mullen

New Amendments to Virginia’s “Prompt Payment” Law take effect July 1, 2023

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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

Sands Anderson PC

The End of “Pay When Paid” in Virginia Construction Contracts with State and Local Governments

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“Pay When Paid” or “Pay if Paid” clauses in subcontracts have long been a thorn in the side of subcontractors. If Governor Youngkin signs into law a new bill that passed in both houses of the Virginia General Assembly, those...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Payment Terms: A Trap for the Unwary - July 20th, 12:00 pm - 1:00 pm ET

As everyone in the construction industry knows, timely payment is essential. However, the payment process can be complicated, with unexpected issues throwing plans off course. In their second webinar of 2021, Cohen...more

Carlton Fields

[Webinar] The Government Construction Contract Transition: Making the Plunge from Commercial to Government Work - February 18th,...

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Given the slowdown of construction activity, there is an inevitable uptick in government contract activity. Contractors who are entering into the government contract arena need to know the complex rules and regulations in...more

Jones Day

Amendments to Queensland Security of Payment Legislation

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The security of payment regime in Queensland has undergone significant reform in recent years. Since the introduction of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the regime has remained the subject...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] WPA NECA: Prompt Payments – How CASPA and Other State Laws Afford Contractors Protections - November 17th, 11:00 am -...

2018 saw the enactment of important changes to CASPA, a Pennsylvania law that helps contractors and subcontractors enforce their contractual payment terms. In this Western Pennsylvania Chapter of NECA webinar, Matt Gioffre,...more

Miles Mediation & Arbitration

[Webinar] Construction ADR Webinar: Residential & Multi-Family Construction Disputes: Is There A Practical Solution? - September...

Join Miles mediator and arbitrators Jennifer Grippa and David Matthews, along with Frank Brown, partner in Weissman Law and General Counsel of the Greater Atlanta Home Builders Association, Inc., Jerry Warshaw, Founder and...more

Bradley Arant Boult Cummings LLP

Timing Is Everything: Miller Act Notice Defect Saves Surety

The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor...more

Farrell Fritz, P.C.

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

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In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone,...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Unfair retainage

Dear YouDig?, We are finishing up a contract to start a piece of a big project. The owner is pushing for a 10 percent retainer of all of our payments. It does not seem fair as most of our costs are front loaded and most of...more

Troutman Pepper Locke

Ohio Federal Court Declines to Dismiss Action Against the Officer of a General Contractor Who Allegedly Submitted False...

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Decker Constr. Co. v. Wesex Corp., No. 2:18-cv-727, 2019 BL 232653 (S.D. Ohio June 24, 2019) - In Decker Construction Co. v. Wesex Corporation, the United States District Court for the Southern District of Ohio declined to...more

Troutman Pepper Locke

Recent Decisions Recognize Limits on Lien Amounts Properly Includable Under Michigan and Connecticut Lien Statutes

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Lost profits, not part of unpaid contract balance, may be recoverable as consequential damages in contract claim, but cannot be included in lien. TSP Services Inc. v. National-Standard, LLC, 2019 BL 340267 (Mich. Ct. App....more

Barnea Jaffa Lande & Co.

Guidelines for Standardization of Contracts and Tenders of Infrastructure Companies in the Area of Transportation

In light of the rise of investments in transportation projects, the Accountant General of the Ministry of Finance, the Director General of the Ministry of Transport, and the Manager of the Government Companies Authority...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Effective Use of the Subcontractor’s Sworn Statement

The subcontractor's sworn statement is one of most effective tools that contractors can use to ensure that lower-tier subcontractors and suppliers receive adequate payment throughout the job, yet many contractors either fail...more

Jackson Walker

Rebuilding: Construction Considerations in the Wake of Disaster

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Southeast Texas has started to move from immediate recovery, including evacuations and draining of flood waters, to removal of water-damaged materials in homes and business and preliminary efforts to start rebuilding....more

Bradley Arant Boult Cummings LLP

Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work

In yet another case from Massachusetts, the Massachusetts Appeals Court in Acme Abatement Contractor, Inc. v. S&R Corp. found that a general contractor was justified in not paying its subcontractor, even after the...more

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