Justin Croniser | Hahn Loeser & Parks Under Ohio’s Prompt Pay Act, a general contractor could end up paying more for the subcontractor’s attorneys’ fees than the general contractor owed to the subcontractor. That was the ruling by the Ohio appellate court in Atlas Piers NEO v. Summit Construction Co., Inc., 2021-Ohio-2024 (9th Dist.). In Atlas Piers,… Continue reading Promptly Pay the Subcontractor or Pay the Consequences
Tag: Prompt Pay Act
Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause
Michelle Rosenberg | ConstructLaw Fed. Eng’rs & Constructors Inc. v. Relyant Global LLC, No. 3:19-CV-73-KAC-JEM, 2022 U.S. Dist. LEXIS 95617 (E.D. Tenn., May 27, 2022) This case arises out of the renovation of a U.S. Air Force dormitory in Missouri. The U.S. Army Corps of Engineers hired Relyant Global LLC to act as the prime… Continue reading Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause
Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act
Matthew DeVries | Best Practices Construction Law In life, rejection is often hard to swallow. In construction, that rejection can sometimes amount to millions of dollars. A Massachusetts court recently held that an owner’s rejection of the contractor’s payment applications was not properly certified and, thus, violated the state’s Prompt Pay Act. In Tocci Building Corp. v.… Continue reading Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act
Pay Now, Argue Later: Appeals Court Affirms Strict Interpretation of Prompt Pay Act
Ezra Dunkle-Polier, Jonathan T. Elder and Nina L. Pickering-Cook | Anderson & Kreiger On June 7, 2022, the Massachusetts Appeals Court affirmed a strict reading of the Prompt Pay Act, G. L. c. 149, § 29E (the “Act”) in Tocci Building Corp. v. IRIV Partners, LLC, Case Nos. 21-P-393 & 21-P-733. That case and its background were… Continue reading Pay Now, Argue Later: Appeals Court Affirms Strict Interpretation of Prompt Pay Act
Federal Prompt Pay Act Does Not Afford Subcontractors Right to Sue General Contractor
Douglas L. Patin and Amandeep S. Kahlon | Buildsmart On October 15, 2020, in EMTA Insaat Taahhut ve Ticaret A.S. v. Cosmopolitan Incorporated, a federal district court held that the federal Prompt Pay Act (PPA) (31 U.S.C. §§ 3901, et al.) does not create a private right of action for a subcontractor against a general contractor. … Continue reading Federal Prompt Pay Act Does Not Afford Subcontractors Right to Sue General Contractor