Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims

Andrew T. Marshall | Butler Weihmuller Katz Craig | October 31, 2018 Transfer of risk and liability are common occurrences in the field of construction. National builders often employ a single licensed general contractor to oversee the totality of its construction projects throughout the state of Florida. While this use of a “qualifier” technically complies… Continue reading Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims

Does the Miller Act Trump Subcontract Dispute Provisions?

Christopher Horton | Smith Currie & Hancock | May 9, 2018 The Miller Act All general contractors performing public building or public works contracts with the federal government must be familiar with the Miller Act. It is a requirement for doing business with the federal government. Pursuant to the Miller Act, a general contractor entering… Continue reading Does the Miller Act Trump Subcontract Dispute Provisions?

The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver

Christopher G. Hill | Construction Law Musings | March 5, 2018 Back in 2015, the Virginia General Assembly amended the mechanic’s lien statute (Va. Code 43-3) here in Virginia to preclude any contractual provision that diminishes a subcontractor or supplier’s “lien rights in a contract in advance of furnishing any labor, services, or materials.” However, this amendment was… Continue reading The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver

“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

Erinn Contreras and Joy O. Siu | Construction & Infrastructure Law Blog | March 7, 2018 It is industry standard in California for owners of a construction project to make monthly payments to a contractor for work it has completed, less a certain percentage that is withheld as a guarantee of future satisfactory performance. This… Continue reading “Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

Contractors Beware: Your Subcontractor Provided Additional Insured Coverage may have Gaps

David S. Lynch | Kilpatrick Townsend | February 14, 2018 Construction contracts generally require subcontractors to extend additional insured status on the subcontractor’s policies for the benefit of the contractor who relies on this coverage to protect it from claims arising out of the subcontractor’s work on the project. The intent is to place the… Continue reading Contractors Beware: Your Subcontractor Provided Additional Insured Coverage may have Gaps

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