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HTMLRighting a Wrong in West Virginia - The Residential Construction Right to Cure
John R. Teare; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 19, 2015, previously published on May 18, 2015
In residential construction, problems can arise with customers that cause expensive litigation. In West Virginia, a right to cure in residential construction by statute can alleviate such costs.

 

HTMLVirginia Legislation Significantly Impacts Construction Industry
Douglas T. Stark; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 19, 2015, previously published on May 18, 2015
At its recently-concluded 2015 Regular Session, the Virginia General Assembly passed legislation which will significantly affect those persons who deal with potential mechanic’s lienors. The revision to section 43-3 of the Virginia Code declares that any attempt by a subcontractor or...

 

HTMLNorth Carolina Gearing Up for Major Road Improvement Projects
Stephanie U. Roberts; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 19, 2015, previously published on May 18, 2015
Few things shout “economic development” louder than substantial road improvement projects. For Division 9 of the North Carolina Department of Transportation (“NCDOT”), many more developments are underway. The Winston-Salem Northern Beltway (“Northern Beltway”) is...

 

HTMLDon’t Delay: Document, Document, Document & Document Some More
Kevin A. Rust; Vandeventer Black LLP;
Legal Alert/Article
May 15, 2015
If you are being delayed on a project, it is critically important that you document the delay, how much it is costing you, and who or what is causing the delays.

 

HTMLCB&I Wins Engineering Contract for Rio Grande LNG Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 15, 2015, previously published on May 14, 2015
CB&I has been awarded a contract by NextDecade LLC, for the front end engineering and design (FEED) and engineering, procurement and construction terms related to the proposed Rio Grande LNG export project in Brownsville, Texas. The contract covers all design and engineering activities required for...

 

HTMLCourt Can Act as Bondsman and Require Contractors to Procure Warranties Through Specific Performance
Suriya Edwards, Julie Teal; Withers Bergman LLP;
Legal Alert/Article
May 15, 2015, previously published on April 30, 2015
We come across situations sometimes where contractors agree to enter into contract with clients, with a form of bond or collateral warranty attached to the contract. The contract is signed and works commence on site. Both the contractor and the client are well into the project. The contractor then...

 

HTMLTimely Notice: The Email Solution
Richard G. Meyer; Dressman Benzinger LaVelle psc;
Legal Alert/Article
May 14, 2015
A recent federal court opinion emphasizes the importance for a contractor to comply with a contract provision requiring written and timely notice of claims. The contract at issue was a subcontract between the General Contractor in a state highway project and the blasting subcontractor. It required...

 

HTMLCourt's Finding on "Damage" Can Lead to More Work for Contractors, Possible Changes to Future Policy Language
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on February 1, 2015
The Minnesota Supreme Court recently issued a decision in Cedar Bluff Townhome Condo Assoc. v. American Family. The opinion in this case is important because it could directly impact, and directly benefit contractors, that perform any remedial and repair work.

 

HTMLSmith v. Wells Concrete Products Co., Court File #A14-0644.
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on March 16, 2015
Wells Concrete Products Co. hired Plaintiff Smith as its painting subcontractor. Wells did not control or direct Smith's work. The parties agreed that she was an independent contractor. Smith fell and was injured while working on Wells' project. Smith sued Wells, arguing that Wells had a duty to...

 

HTMLMinnesota Legislature Passes Anti-Indemnification Law to Benefit Construction Design Professionals
Mark A. Bloomquist, Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on March 16, 2015
In 1983, the Minnesota legislature enacted Minnesota Statutes Chapter 337, commonly called the construction anti-indemnification law. The intent of the law was and is to make parties to a construction project liable only for their own respective fault and not to unfairly impose liability for...

 


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