Real Estate Law

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Just When You Thought General Contractors Were Necessary Parties. . .
Posted on 20 Jan 2015 by Christopher G. Hill

Did you think that a subcontractor had to name a general contractor in a mechanic’s lien suit? I did. Did you think that nothing about this changed in the case where a Virginia mechanic’s lien was “bonded off” pursuant to Va. Code... Read More

Steptoe & Johnson PLLC: Contractor Can Challenge Poor Performance Evaluation by Government
Posted on 4 May 2012 by Steptoe & Johnson PLLC

By Eric J. Hulett A poor performance evaluation of a contractor on a federal project is a ticking time-bomb waiting to explode on that contractor in future contract bids and can be "potentially devastating to a contractor[.]" Todd Const... Read More

Early Action on Your Construction Contract is Key
Posted on 6 Nov 2014 by Christopher G. Hill

I bang the drum of early and frequent consultation with one of us construction attorneys on a regular basis here at Musings and in other places of the “blawgosphere.” Why do I do this? Doesn’t such consultation help to avoid the problems... Read More

Michael T. Callahan on Greg Opinski Construction, Inc. v. City of Oakdale
Posted on 25 Jun 2012 by Michael T. Callahan

In this Analysis, Michael T. Callahan discusses Greg Opinski Construction, Inc. v. City of Oakdale , 199 Cal. App. 4th 1107 (Cal. App. 5th Dist. 2011) [ enhanced version available to lexis.com subscribers ], in which the California Court of Appeal held... Read More

Williams Mullen: Construction Local and State Tax Issues
Posted on 13 Nov 2013 by Williams Mullen

BY: STEPHANIE LIPINSKI GALLAND Every business has an accountant or finance resource. This resource spends 150% of his or her time handling the cash flow, paying the bills, and filling out the requisite federal income tax returns. What is usually... Read More

Pennsylvania Mechanics' Lien Law Amended, Clarifying Open-End Construction Loan Mortgage Priority
Posted on 18 Aug 2014 by Duane Morris LLP

Pennsylvania Governor Tom Corbett has signed into law Act 117 of 2014, [ enhanced version available to lexis.com subscribers ], which amends the Pennsylvania Mechanics' Lien Law (MLL), 49 P.S. 1101, et seq., [ enhanced version available to lexis.com... Read More

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – January 25th, 2012 Update
Posted on 25 Jan 2012 by Andrea Lee Negroni

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners... Read More

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – January 2nd, 2012 Update
Posted on 2 Jan 2012 by Andrea Lee Negroni

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners... Read More

Mechanic’s Liens Demand “Perfection” in Virginia
Posted on 27 Jan 2015 by Troutman Sanders

By Bradfute "Brad" W. Davenport, Jr. and Stanley W. Hammer Mechanic’s liens can be powerful devices for contractors to secure payment. They receive priority over most other liens, and once a mechanic’s lien is recorded, the... Read More

Davis-Bacon Act: Certified Payroll Reporting
Posted on 24 Aug 2010 by Vandeventer Black LLP

By Katharina Brekke Powers The Davis-Bacon Act (the "Act") requires payment of "prevailing wages." See 40 USC Section 3142(c) . The minimum wages to be paid are those that the Secretary of Labor determines to be prevailing for... Read More

Vandeventer Black LLP: Am I Really Responsible for That?
Posted on 27 Apr 2012 by Vandeventer Black LLP

By Neil Lowenstein Landowners hire contractors to perform work for the landowner. Contractors then typically hire multiple subcontractors to perform various portions of that work. And, subcontractors then hire sub-subcontractors to perform various... Read More

Troutman Sanders LLP: Construction Owner, General Contractor and Subcontractor Held Liable For Sub-Subcontractor Failure to Procure Required Liability Insurance
Posted on 2 Apr 2012 by Troutman Sanders

A recent decision by the Georgia Court of Appeals opens up a new (and potentially troubling) avenue for relief in cases involving personal injury and property damage caused by downstream subcontractors on a construction project. If not overturned, this... Read More

Home Contractor’s Failure To Register Exposes It To Consumer Protection Act Liability
Posted on 1 Jun 2015 by Vetstein Law Group, P.C.

Case is Good Reminder to Ensure That Contractors Register With State With the record amount of snow, roof leaks and interior damage just beginning to hit Bay State homeowners, this spring should be a record season for Massachusetts home improvement... Read More

Duane Morris LLP: New E-Verify Requirement for Pa. Public Works Contractors, Beginning January 1, 2013
Posted on 23 Jul 2012 by Duane Morris LLP

On July 5, 2012, Pennsylvania Gov. Thomas Corbett signed into law S.B. 637 , requiring state public works contractors and subcontractors involved in projects of more than $25,000 to use E-Verify starting on January 1, 2013, or they will lose their right... Read More

The Anatomy of a Construction Dispute- The Claim
Posted on 22 Jan 2015 by Christopher G. Hill

A new year brings with it promise and challenges. The promise is a relatively clean slate and the thought that 2015 will be a great year for construction professionals and those that assist them. The challenges come from the almost inevitable issues that... Read More