All 50 states permit the placement of mechanic’s liens on real property by unpaid general contractors, subcontractors, sub-subcontractors, and material providers. Although the specific requirements for filing and enforcing a mechanic's lien vary by state...
The Miller Act requires prime contractors working on certain federal government construction contracts to post bonds guaranteeing both performance of the contract and payment of subcontractors and materials suppliers. 40 U.S.C. §§ 3131 through 3134. Nearly...
Construction involves management of many risks, including the risk that the owner will fail to compensate the contractor for its work. Contractors often attempt to spread this risk down the contracting chain to subcontractors by including pay-if-paid and pay-when...
Risk is inherent in construction and practitioners need to help clients manage risk throughout the project cycle. Keys to risk management are careful contract drafting and adequate insurance coverage. Both are tricky because state law can limit the scope of contractual...
Once construction begins on a project, changes are inevitable due to changing or unforeseen site conditions, design issues, or the owner's shifting needs or desires. It is imperative that construction contracts contain a framework for dealing with these changes...
Each quarter, we collect and summarize relevant cases affecting construction practice in a case law tracker. The case summaries are excerpted from the Construction Law Digest , a monthly service that complements Construction Law . Check out the cases for the second...
In all 50 states, certain contractors, subcontractors, sub-subcontractors, materialmen, and service providers are entitled to place a mechanic's lien on real property where they performed work and/or provided supplies. Liens are technical documents with requirements...
Regulation of greenhouse gases is becoming increasingly common at the state level, with many states refining existing greenhouse gas reduction plans in partnership with Climate Pollution Reduction Grants provided by the federal government. Find reporting requirements...
Indemnification clauses are essential for allocating risk on construction projects. Most states have anti-indemnity statutes that limit the permissible scope of indemnification in construction-related contracts and these statutes vary by state. Read now »...
Environmental considerations are ever-present in construction practice and encompass everything from regulatory and liability concerns to the desire to do business in an eco-conscious way. Find Practical Guidance environmental resources in one convenient place...
State arbitration laws can significantly differ from the Federal Arbitration Act (FAA). Careful analysis and drafting are key when deciding whether state law or the FAA should be designated in a construction contract. Compare the rules and procedures for arbitrations...
Each quarter, we collect and summarize relevant cases affecting construction practice in a case law tracker. The case summaries are excerpted from the Construction Law Digest , a monthly service that complements Construction Law . Read now » Related Content...
Effective defense of design and construction defect claims requires defense counsel to be proactive at the beginning of a claim to develop a plan for resolution. This includes defense counsel considering the relationship between the parties in the project, evaluating...
There are many ways a drone can assist in the planning, design, and construction of a heavy-highway or green energy construction project. For contractors building vertically, drones offer less assistance. Learn about drone uses for contractors during construction...
Major design-build projects have been in the news over the past few years for the wrong reasons. From the I-4 Ultimate in Florida to the Purple Line in Maryland (procured through a public-private partnership), to another Purple Line on the West Coast, in Los Angeles...