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In a split decision, the Supreme Court of Connecticut held that maintaining and repairing municipality buildings was within the city of Bridgeport's "trade or business," and accordingly, a worker employed by an uninsured roofing subcontractor...

One Court Says There Is At Least a Duty to Defend. Subcontractor non-compliance with prevailing wage laws is unfortunately not uncommon. But might that be covered by the General Contractor's insurance? For one design-build project that included...

By William H. Minor A unanimous federal appeals court in Washington, DC has upheld a long-standing ban on federal campaign contributions by government contractors. The case, Wagner et al. v. Federal Election Commission , [subscribers can access...

By James R. Harvey , Partner, Vandeventer Black LLP Shifting the significant risk of loss is a basic part of construction contracting. Contractors are familiar with requirements to provide proof of insurance and to name the owner, architect and general...

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP On March 21, 2014, Jill B. Berkeley presented at the American College of Coverage and Extracontractual Counsel's (ACCEC) 2014 Insurance Law Symposium, held on the campus of the University...

By Ashley Moss The Virginia Department of Professional and Occupational Regulation (“DPOR”) licenses professional contractors, engineers, and architects in Virginia and punishes those who violate licensure laws. Although sometimes overlooked...

Remember all of my posts about how fraud and contract claims don’t usually play well in litigation? Well, as always with the law, there are exceptions. For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge...

By Jim Miller House Bill 726 (the “Bill” or “HB 726”), [ enhanced version available to lexis.com subscribers ], seeks to make several amendments to the Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. §...

In Midwest Family Mut. Ins. Co. v. Wolters , 2013 Minn. LEXIS 304 (Minn. May 31, 2013) [ enhanced version available to lexis.com subscribers ], the Supreme Court of Minnesota held that an absolute pollution exclusion applied to bodily injury that had...

By Kevin Rust Most construction contracts have provisions that bar any payment for work outside the scope of the contract unless there is a written change order. All contractual provisions, at least in North Carolina, may be waived. Thus, even if your...

By Dylan B. Spadaccino, Esq. In East Coast Paving & Sealcoating, Inc. v. North Allegheny School Dist ., No. 751 C.D. 2014 (Pa.Cmwlth. March 6, 2015) , East Coast filed a complaint against the School District seeking, among other things, damages...

n its recent decision in Preferred Contrs. Ins. Co. Risk Retention Group v. Oyoque Masonry, Inc., 2013 U.S. Dist. LEXIS 105386 (S.D. Tex. July 26, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the...

In the course of my construction law practice , I have the pleasure of speaking with and talking to contractors and subcontractors that are based in Virginia and also based in other states. With the more nationalized construction landscape due to the...

Last week we discussed the groundwork and circumstances of a construction claim . This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your...

It’s a cliche for a reason that “A Stitch in Time Saves Nine.” Why? Because it is almost always cheaper and more efficient in the long run to get something right the first time than to fix it later. This old adage is true in life, and...