Cade Laverty – July 8, 2013 Can design-builders rely on owner supplied specifications if the design-builder also has the requirement to conduct its own independent investigation on those same specified conditions; NOPE, says the Court of Federal Claims. In, Metcalf Constr. Co., Inc. v. United States, 107 Fed. Cl. 786 (Fed. Cl. 2012), a design-builder,… Continue reading Can Design-Builders Rely on Owner Supplied Specifications…
Category: Construction Law
Florida’s Construction Lien Act: What Kind of Work is Lienable
Troy K. Smith – July 10, 2013 Sometimes it is good to review the basics. For instance, with Florida’s Construction Lien Act, it is easy to remember that alienor may obtain a lien for any unpaid “contract price” related to the permanent improvement of privately owned real estate. But what does the law consider to… Continue reading Florida’s Construction Lien Act: What Kind of Work is Lienable
Legislation Re-establishes Georgia Contractor’s Right to its General Conditions Costs
Darren G. Rowles – June 26, 2013 A controversial Georgia Court of Appeals decision limiting the scope of Georgia mechanics’ liens to the value of materials and labor was recently overturned by an amendment to the lien law that will take effect on July 1, 2013. To read the full text of the amendment adding… Continue reading Legislation Re-establishes Georgia Contractor’s Right to its General Conditions Costs
Construction Law Update – Subcontractors Beware
Bret Wacker – June 13, 2013 Most experienced federal prime contractors are familiar with, or at least aware of, the Christian Doctrine. Based on G.L. Christian & Assoc. v. U.S., 312 F.2d 418, 424 (Ct. Cl. 1963), the Doctrine stands for the proposition that a clause, although not explicitly included in a government prime contract,… Continue reading Construction Law Update – Subcontractors Beware
Prompt Pay Means Prompt Pay
Stan Martin – June 18, 2013 A contractor sends an inflated invoice to an owner for a completed project. The owner fails to pay anything against that invoice – even the amount that had been agreed to. The contractor eventually files suit, the court awards interest plus penalties of 1% per month on the unpaid… Continue reading Prompt Pay Means Prompt Pay