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HTMLFederal District Court Analyzes the Accrual Date for the Timely Filing of Claims under the Miller Act
David S. Coats, John T. Crook, David S. Wisz; Bailey & Dixon, L.L.P.;
Legal Alert/Article
February 12, 2016, previously published on Fall/Winter 2015
The Miller Act requires a contractor on a federal construction contract of more than $100,000 to furnish a payment bond through a satisfactory surety for the protection of all persons supplying labor or materials on the project. It further authorizes any person having a direct contractual...

 

HTMLFederal District Court Holds that Mere Repairs or Attempts to Repair Do Not Serve to Equitably Toll the Statute of Limitations
David S. Coats, John T. Crook, David S. Wisz; Bailey & Dixon, L.L.P.;
Legal Alert/Article
February 11, 2016, previously published on Fall/Winter 2015
A common issue in construction defect litigation is whether a party’s attempt to repair damages precludes it from later arguing that an owner’s claim against it is barred by the statute of limitations. In Petty v. Marvin Lumber and Cedar Company, 2015 U.S. Dist. LEXIS 121369 (E.D.N.C.,...

 

HTMLFederal District Court Holds that Delay Damages are Not Allowed in Breach of Contract Action of Both Parties Contributed to the Delay and There is No Clear Proof of Apportionment.
David S. Coats, John T. Crook, David S. Wisz; Bailey & Dixon, L.L.P.;
Legal Alert/Article
February 11, 2016, previously published on Fall/Winter 2015
Claims for “delay damages” frequently arise when a contractor believes that its performance of contractual obligations is delayed for reasons outside the contractor’s control. A common defense to such claims is that the contractor also has some responsibility for the project...

 

Adobe PDFNew Jersey Appellate Division Ruling Resolves Disagreement Over Application of 'Discovery Rule' to Construction Defect Claims by Condominium Associations
Elyse H. Wolff; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
February 11, 2016, previously published on February 2016
In The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, et al., the Appellate Division of the Superior Court of New Jersey determined that the “discovery rule” tolls the six year statute of limitations within which a condominium association must file suit...

 

HTMLContractor / Sub-Contractor entitlement to payment for “Extras”
Owen Bourns; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
Legal Alert/Article
February 1, 2016, previously published on January 25, 2016
In a "fixed price" or "stipulated price" contract the contractor has agreed, by way of successful bid or non-bid agreement, to perform the work set out in the contract documents (which would include tender documents) for a fixed price. [Note the term contractor will be used...

 

HTMLAppeals Court Rejects Subcontractors' Attempt to Foreclose on Expired Mechanic's Liens
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on January 13, 2016
A contractor that is not paid for construction or maintenance work on real property may file a mechanic’s lien against the property. The mechanic’s lien statute is a valuable tool for contractors because a valid mechanic’s lien becomes a lien against the property as well as a...

 

HTMLA New Twist to Construction Fraud
Trey R. Kelleter; Vandeventer Black LLP;
Legal Alert/Article
January 27, 2016, previously published on January 2016
Virginia Code §18.2-200.1 makes it a crime to commit construction fraud, that is, to take an advance of funds in return for a promise to perform a job with no real intention of performing and indeed, failing to substantially perform. It is a felony if the job was for more than $200. To prove...

 

HTMLFourth Circuit Narrows The Window for Filing Timely Liens Under the Public Works Act
Brian Seth Schaps; Deutsch Kerrigan LLP;
Presentation
January 27, 2016, previously published on January 4, 2016
On Nov. 4, 2015, the Louisiana Court of Appeals for the Fourth Circuit issued a currently unpublished opinion, which held that a subcontractor’s lien was premature when the subcontractor filed a statement of claim on a public works project before the formal recordation of acceptance by the...

 

HTMLConstruction Managers and Contractors: Improve Your Mergers & Acquisition and Dissolution Checklists to Avoid Expired License Exposure-and Worse
Jeffrey B. Kirzner, Daniel D. McMillan; Jones Day;
Legal Alert/Article
January 27, 2016, previously published on January 2016
Dissolving a newly acquired or existing affiliate of a construction or construction management firm can have adverse unintended legal consequences when the dissolved affiliate holds executory contracts and the related entity that takes over the performance of the contracts lacks the requisite...

 

HTMLCourt of Appeals Warns -- Want to Get Paid?  Comply with Contract Terms!
Julia J. Nierengarten; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
January 25, 2016, previously published on November/December 2015
The Minnesota Court of Appeals recently issued an opinion that is important to all contractors to understand, if they want to get full payment on a project. The Court's decision gave a very clear instruction to all parties on a construction project - follow the terms of the contract. Failure to...

 


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