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State and Local Government Subcontractors Construction Industry

Sands Anderson PC

Virginia’s Construction Payment Rules Explained

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General contractors who contract with owner/developers and who construct large, complex projects such as office buildings, shopping centers, and warehouses, often seek to shift the risk of owner/developer non-payment to their...more

Schwabe, Williamson & Wyatt PC

Kotek Signs the “Construction Wage Theft” Bill into Law

On June 9, 2025, Governor Tina Kotek signed SB 426 into law. The bill, set to become effective on January 1, 2026, follows the Oregon Legislature’s ongoing attempts to pass a “wage theft” bill imposing strict liability on...more

Clark Hill PLC

Michigan Prevailing Wage Act: New registration and certification requirements for private energy and state funded projects

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As discussed in our most recent installment, on July 23, 2024, Senate Bill 571 (the “Amendment”) was signed into law, adding certain private energy facility projects to the purview of the Michigan Prevailing Wage Act which...more

Clark Hill PLC

Registration and certification updates to Michigan’s Prevailing Wage Act: Requirements for private energy facility and state...

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As discussed in our most recent installment, on July 23, 2024, Senate Bill 571 (the “Amendment”) was signed into law, adding certain private energy facility projects to the purview of the Michigan Prevailing Wage Act which...more

Bradley Arant Boult Cummings LLP

Federal Court Emphasizes Strict Adherence to Mechanic's Lien Statute

A federal judge in New York served up a good reminder last week about the importance of dotting your i’s and crossing your t’s when it comes to perfecting a mechanic’s lien.  The case involves a payment dispute between a...more

DarrowEverett LLP

Capturing the Sun: State Prompt Payment Acts' Effects on Solar Construction

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As the energy sector continues to expand, developers and contractors looking to expand their footprint are crossing state lines to construct energy projects. This is a good strategy for applying the same, successful...more

Conn Kavanaugh

The Massachusetts Prompt Payment Act Continues to Have Harsh Consequences for Transgressors, Unwitting or Otherwise

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With the exception of those living under rocks, construction professionals are well aware of the recent spate of litigation about the Massachusetts Prompt Pay Act. In 2022, the Massachusetts Appeals Court interpreted the Act...more

Lasher Holzapfel Sperry & Ebberson PLLC

Contractors Must Provide Pre-Notice Disclosure Before Recording a Lien

Liens provide a means of recourse for contractors, subcontractors, and suppliers who have not been paid. In Washington, there are specific disclosure requirements that must be met before a licensed and registered contractor...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 12, December 2024

Welcome to our year-end issue of The Site Report! As always, the construction industry is ever-changing and is impacted by extreme weather, new technology, labor issues, material and supply chain restraints, and code changes....more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 9, September 2024

Welcome to our ninth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Building Code Legislation Becomes Law - Why this is important: Senate Bill 166, 2024 Building Code Regulatory...more

Brownstein Hyatt Farber Schreck

New Nevada Wage Laws Will Impact Public Works Contractors

Public works projects are a significant source of work for Nevada construction contractors. As the new year approaches, public works contractors will need to adjust their hiring and recordkeeping practices for each project to...more

Spilman Thomas & Battle, PLLC

Updates to the Virginia Prompt Payment Act

The Virginia General Assembly made significant amendments to general rules for construction contracts, as well as the specific rules for public entity construction contracts in the Prompt Payment Act, that largely remove the...more

Stoel Rives LLP

New Washington Law Applies Limitations to Retainage on Private Construction Projects

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On May 9, 2023, Washington Governor Jay Inslee signed into law Senate Bill (SB) 5528, which limits the percentage of retainage withheld from contractors on private construction projects in Washington....more

Davis Wright Tremaine LLP

Put a Cap on It: The Impact of 2023 Washington Retainage Law for Private Projects

New private project retention cap matches that for public construction projects and takes effect July 23 - This year, the Washington State Legislature approved a cap on retainage for private projects. The stated purpose of...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 1, January 2023

Contech Trends to Watch in the New Year - “As builders adapt to economic, supply chain and labor challenges, they’re turning to technology to boost performance.” Why this is important: All of the turmoil of 2022 (the...more

Bradley Arant Boult Cummings LLP

Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include

How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because...more

Bradley Arant Boult Cummings LLP

Virginia Is for Lovers… of Strict Contract Language: New Law Prohibits Pay-if-Paid Clauses in Construction Contracts

Virginia has joined the growing number of states that prohibit “pay-if-paid” clauses. The new law, known as Virginia Senate Bill 550, amends Virginia’s Prompt Payment Act (Va. Code § 2.2-4354) and its relatively new (July 1,...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

Fox Rothschild LLP

Proposed Law Poses Risk Of Significant Legal Exposure For General Contractors In New York

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New York lawmakers are close to passing a law that creates automatic liability for general contractors when their subcontractors fail to properly pay their employees. Existing New York law provides at least a modicum of...more

Shutts & Bowen LLP

COVID-19 Stimulus Relief and the Construction Industry

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The $908 billion stimulus package (COVID-19 Relief Package 2.0) that was signed into law on December 27, 2020, which was attached to a $1.4 trillion spending bill to fund the federal government through September, was an...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Trap With The Tap

Dear YouDig?, We are getting scammed by one of our suppliers but we can’t seem to pin down the proof. They say they give us 20 tons of the stone per order. Our scales consistently come in at 18 tons. Over and over again. ...more

Shutts & Bowen LLP

Remaining Vigilant: Hurricane Planning in the Construction Industry

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Complicated by an unprecedented global pandemic, businesses in Florida’s construction industry have been further burdened by the anticipated challenges of an active 2020 hurricane season. Since June 1st, the industry has been...more

Bass, Berry & Sims PLC

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

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While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,...more

Shutts & Bowen LLP

Top Florida Legislation Affecting the Construction Industry in 2020

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Earlier this year, the policymakers of Florida’s 2020 Legislative session tackled roughly 3,500 filed bills, passing roughly 200 and approving a $93.2 billion budget. Several pieces of this year’s legislative changes will...more

Butler Snow LLP

Tennessee Construction Legislative Updates

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The Tennessee legislature recently passed the Construction Industry Payment Protection Act (“CIPPA”), SB2681/HB2706, which offers significant changes to the Tennessee construction industry. Not only does the act amend...more

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