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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...