Garret Murai | California Construction Law Blog You may have heard of the False Claims Act and know that it penalizes companies and individuals in contract with the government who present false claims. The federal False Claims Act was signed into law by President Abraham Lincoln in 1863 to penalize profiteers during the Civil War… Continue reading 9th Circuit Plumbs Through the Federal and State False Claims Acts
Category: Construction
Specification Challenge; Excusable Delay; Type 1 Differing Site Condition; Superior Knowledge
David Adelstein | Florida Construction Legal Updates An Armed Services Board of Contract Appeals dispute, Appeal of L.S. Black-Loeffel Civil Constructors JV, ASBCA No. 62402, 2023 WL 5827241 (ASBCA 2023), involved which party bore liability for delay—the federal government or the prime contractor–based on various legal theories. Without detailing the factual details, a number of interesting… Continue reading Specification Challenge; Excusable Delay; Type 1 Differing Site Condition; Superior Knowledge
To Repair or Replace? California and New York Enact Right-to-Repair Laws
Leonard L. Gordon and Jay V. Prapaisilp | Venable Manufacturers need to be careful in the New Year to start complying with new laws in New York and California expanding consumers’ right to repair certain products. California joined the right-to-repair movement with the passing of its Right to Repair Act, effective July 1, 2024. The law… Continue reading To Repair or Replace? California and New York Enact Right-to-Repair Laws
Contractor’s Refusal to Sign Broad Lien Waiver Does Not Defeat Mechanics Lien
John Mark Goodman | BuildSmart Recently, the Oregon Court of Appeals reinstated a contractor’s mechanics lien claim notwithstanding the owner’s offer of payment because the offer was conditioned on the contractor signing a broad lien waiver that would have released other claims. See, Development Northwest, Inc. v. Zhiryada, 329 Or. App. 427 (December 6, 2023). After… Continue reading Contractor’s Refusal to Sign Broad Lien Waiver Does Not Defeat Mechanics Lien
Prompt Payment Laws Continue To Trend In Favor Of Contractors
Jeffrey R. Blease and Benjamin J. Morris | Foley & Lardner Prompt payment laws continue to disrupt the construction industry, eliminating past practices by requiring timely payments for contractors, subcontractors, and suppliers. Prompt payment laws vary across states, with each jurisdiction establishing its own framework to ensure timely compensation in the construction industry. However, there… Continue reading Prompt Payment Laws Continue To Trend In Favor Of Contractors