Nicholas Morello and Jackson Nichols | Cohen Seglias Pallas Greenhall & Furman A new bill has been signed into law in Virginia that prohibits the use of contingent payment provisions on construction projects. The new law amends VA ST §§ 2.2-4354 and 11-4.6 and provides that “[p]ayment by the party contracting with the contractor shall… Continue reading New Virginia Law Bans Contingent Payment Provisions in Construction Contracts
Month: December 2022
Lien Claims And The All-Important Lis Pendens
Samuel D. Gregory | Butler Snow There are specific statutory rules governing liens. In Mississippi, for example, construction liens must be filed within 90 days of when work was last performed or labor, material, or services were provided. Then, a payment action to enforce the lien must be filed within 180 days or else the… Continue reading Lien Claims And The All-Important Lis Pendens
Who’s Responsible?
The CLM “Go back to work.” Those words from the general contractor precipitated the subcontractor employee’s injury. Still, the general contractor was not liable. In a win for the construction industry, the Court of Appeal ruled in August 2022 that the Privette Doctrine barred subcontractor employees’ injury claims against general contractors. The Privette Doctrine is great for property owners,… Continue reading Who’s Responsible?
When Are General Conditions and General Requirements Covered by Builder’s Risk
Michael V. Pepe and Grace V. Hebbel | Saxe Doernberger & Vita General conditions and general requirements are terms of art in the construction industry that describe the indirect costs necessary to complete a construction project. After physical loss or damage to a project, the following question often arises: Are “general conditions” and “general requirements”… Continue reading When Are General Conditions and General Requirements Covered by Builder’s Risk
Waive or Do Not Waive Subrogation, But There is No Try
W. Gustin Vandiford | Subrogation & Recovery Law Blog A recent federal case provided an excellent example that not all supposed waivers of subrogation are, in fact, waivers. In National Surety Corp., et al. v. Bozeman, 2022 WL 953053, No. 1:20-cv-01187-WJM-GPG (D. Colo. March 30, 2022), National Surety filed a subrogation action alleging the defendant –… Continue reading Waive or Do Not Waive Subrogation, But There is No Try