Federal Court Opinion Has Huge Impact on the Construction Industry

Wally Zimolong | False Claims Act The United States District Court for the Eastern District of Pennsylvania in Philadelphia recently issued an opinion that should get the attention of any contractor or subcontractor performing work on a federal funded construction project. In U.S. ex rel IBEW Local 98 v. The Fairfield Company, the federal court held that… Continue reading Federal Court Opinion Has Huge Impact on the Construction Industry

So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?

William L. Porter | Porter Law Group The Contractors’ State License Board (“CSLB”) represents the interests of the public in California construction matters. In the field of California construction, the CSLB is all powerful. The agency has the right to suspend the license of any contractor or subcontractor who does not pay on a construction… Continue reading So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?

Contractor Can’t Blame Inspector Who Failed to Note Non-Compliant Work

Stanley A. Martin | Commonsense Construction Law An electrical contractor was supposed to run power cables through conduit, but elected on its own to run about 40% of the power cable with flexible metal-clad (MC) cable, without conduit. For a large portion of the project, Army Corps of Engineers inspectors made no comment about use… Continue reading Contractor Can’t Blame Inspector Who Failed to Note Non-Compliant Work

Performance Bond Surety Takeover – Using Terminated Contractor to Complete Work

David Adelstein | Florida Construction Legal Updates When a contractor is defaulted under a performance bond, can its surety hire the same defaulted contractor to complete the work?  Stated differently, can the performance bond surety engage its defaulted bond-principal in taking over and completing the same work the contractor was defaulted under?   The answer is “yes”… Continue reading Performance Bond Surety Takeover – Using Terminated Contractor to Complete Work

Single Contractor Not Precluded from Providing Both Design and Construction Services

Jennifer Brandenburg, Michael Maurer and Gary Schons | Best Best & Krieger | December 4, 2019 A contractor that had two separate contracts with a school district — one for preconstruction services and the other for construction services — did not have a disqualifying conflict of interest, a California appellate court held. The decision provides… Continue reading Single Contractor Not Precluded from Providing Both Design and Construction Services