Daniel Lawrence | Bradley Arant Boult Cummings A recent opinion from the Court of Appeals of Texas provides clarification regarding a contractor’s right to payment where the adequacy of the work performed is challenged and an owner attempts to rely on a satisfaction clause to withhold payment. It also sheds light, in the context of… Continue reading Right to Payment: Substantial Performance and Satisfaction
Tag: contractors
Construction Contractors Beware: Think Twice Before Paying Prevailing Wage Assessments!
Jeffrey Risch | SmithAmundsen Big Labor continues to use local, state and federal prevailing wage laws to target contractors they have a “beef” with. Since most prevailing wage audits are triggered by a complaint (including 3rd party complaints), trade unions and certain union-friendly organizations can easily turn in a contractor with the general assertion that the… Continue reading Construction Contractors Beware: Think Twice Before Paying Prevailing Wage Assessments!
Potential Construction Liabilities Contractors Need to Know
Manipal Dhariwal | Construction Executive The outbreak of COVID-19 started in early December 2019, gradually expanding to the other countries of the world. The spread of the pandemic did not just affect the world in terms of health, but also made industries suffer across all verticals—leading to a few unique challenges for construction contractors. From… Continue reading Potential Construction Liabilities Contractors Need to Know
Washington Appellate Court Reaffirms Rule That Contractors’ Defense of Deficient Plans or Specifications Must be the Sole Cause of the Breach in Order to Shield Contractors From Liability
Geoff F. Palachuk | Lane Powell A contractor sued for breach of contract for construction defects will often assert an affirmative defense that the owner supplied deficient plans or specifications. Because that defense operates to completely shield the contractor from liability for alleged defects, Division One of the Washington Court of Appeals has reaffirmed the… Continue reading Washington Appellate Court Reaffirms Rule That Contractors’ Defense of Deficient Plans or Specifications Must be the Sole Cause of the Breach in Order to Shield Contractors From Liability
Maybe Relief for Public Contractors Should Come from Thoughtful Legislation
Lexie R. Pereira | The Dispute Resolver With loss, comes suffering; and, when it comes to the coronavirus, loss exists in many forms. Attorneys across the country – particularly those representing contractors on public projects – are asking themselves, generally, “how can my client suffer less?” Or, more pointedly, “is there an argument to support… Continue reading Maybe Relief for Public Contractors Should Come from Thoughtful Legislation