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|Iowa Supreme Court Rules for Contractors in Homeowners Association Dispute with Subcontractors|
Jeffrey D. Stone; Whitfield & Eddy, P.L.C.;
April 15, 2014, previously published on April 14, 2014The construction industry can claim another victory in its ongoing effort to avoid claims by homeowners who sue companies with whom they had no contractual relationship. The Court ruled in favor of the contractors under an established doctrine of law that businesses in Iowa have relied on for over...
Rebecca Owen-Howes, Sam Szlezinger; Dentons Canada LLP;
April 11, 2014, previously published on April 7, 2014Firms active in the construction materials sector have been in the competition law spotlight for the past few years and will continue to be so. This watching brief summarises recent action taken by the competition authorities in the UK and EU and highlights some of the developments due to take...
|Compelling Contract Payments from a Public Entity: What Happens When It Spends Your Money Elsewhere?|
Jacob E. Roussel; Breazeale, Sachse & Wilson, L.L.P.;
April 11, 2014, previously published on April 1, 2014All too often contractors encounter disputes with public owners regarding the release of progress payments and final payments. But what happens when it is determined that payment is due to the contractor and the owner replies “too bad” or “we already spent our budgeted money...
|Anticipated Legislation to Affect Construction in Colorado|
Lisa Bondy Dunn, Michael J. Knauf; Wood, Smith, Henning & Berman LLP;
April 10, 2014, previously published on April 7, 2014In response to Colorado’s lack of new owner-occupied, multi-family housing (i.e. condominiums) being built, it appears legislation will be introduced that, if passed into law, may affect not only how condominiums are developed, but may affect the entire landscape of construction defect...
|Long Term Express Warranties|
Jonathan Massell; Nexsen Pruet LLC;
April 8, 2014, previously published on April 1, 2014A recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective. In a divided opinion in Christie v. Hartley Construction, Inc., the court held that the six-year North Carolina statue of repose for improvements to real property trumps...
|Your Venue, My Bond Claim: A Florida Law Primer|
Peter C. Vilmos; Burr & Forman LLP;
April 8, 2014, previously published on April 3, 2014Construction clients very often perform work in places far from either the corporate office, or far from the construction client's local office. Our clients even perform work - dare we admit - far from their attorney's office. At the same time, many construction clients want both consistency in...
|The Condominium Form of Ownership|
Melinda Eubanks Sellers; Burr & Forman LLP;
April 8, 2014, previously published on April 7, 2014In Alabama, contractors and subcontractors performing work involving common elements of the condominium at the request and direction of a condominium association should be aware of unique laws applicable to their lien rights and the rights and remedies available to the unit owners in the...
|Construction Contractors Subject To New OFCCP Rules|
Fisher Phillips LLP;
April 2, 2014, previously published on March 31, 2014Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was tossed out by a federal judge. Associated Builders and Contractors, Inc. v....
|How to Pursue Out-of-State Judgments|
Joseph J. Dinardo; Smith, Currie & Hancock LLP;
April 1, 2014, previously published on March 24, 2014Periodically, we receive calls from contractors and suppliers who have obtained judgments against debtors in other states only to find out that the debtors have relocated to, set-up shop, or have assets in Georgia. These “judgment creditors” want to know if there is anything that can be...
|Fee Allocation in the Schedule of Values|
Harry Rippeon; Smith Currie Hancock LLP;
April 1, 2014, previously published on March 24, 2014When contractors prepare their budget for a project, they often allocate costs among various line items. This allocation typically takes the form of a schedule of values (“SOV”), which is often presented to the owner (or general contractor, in the case of a subcontractor) for approval...