Patrick McKnight | Dispute Resolver Recent reforms to certain state retainage laws have reduced the lawful amount of withholding permitted on construction projects. In theory, retainage allows an owner to mitigate the risk of incomplete or defective work by withholding a certain portion of payment until the construction project is substantially complete. Recent statutory developments… Continue reading Recent Statutory Changes Cap Retainage on Applicable Construction Projects
Month: March 2024
It Pays to Review the ‘Review the Contract Documents’ Clause Before You Sign the Contract
Alan Winkler | ConsensusDocs It is fairly common for a construction contract to include a provision requiring the contractor to perform some level of review of the plans and specifications and perhaps other contract documents as part of their responsibilities. Typically, this provision is found in a section of the contract on the contractor’s responsibilities,… Continue reading It Pays to Review the ‘Review the Contract Documents’ Clause Before You Sign the Contract
Challenging Enforceability of Liquidated Damages (In Federal Construction Context)
David Adelstein | Florida Construction Legal Updates A recent summary judgment opinion from the Armed Services Board of Contract Appeals (ASBCA), Appeals Of – BCI Construction USA, Inc.,ASBCA No. 6257, 2024 WL 773324 (2024), contains a worthy discussion regarding a contractor’s challenge to the government’s assessment of liquidated damages, specifically the enforceability of the liquidated damages rate. Although… Continue reading Challenging Enforceability of Liquidated Damages (In Federal Construction Context)
“Catastrophic” Construction?: The Government’s Continued Payment Defeats Materiality
Tirzah S. Lollar, Megan Pieper and Eliza Buergenthal | Arnold & Porter This January, the Eastern District of Pennsylvania rejected a subcontractor’s doomsday allegations that a general contractor had submitted false claims for defective construction work on a project to build a new school on the Marine Corps Base in Quantico, Virginia. In Chowns Group LLC… Continue reading “Catastrophic” Construction?: The Government’s Continued Payment Defeats Materiality
Clarifying Mechanics’ Lien Law
Anthony Hassey | Spilman Thomas & Battle A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain a mechanics’ lien, a filing party… Continue reading Clarifying Mechanics’ Lien Law