J. Greene and Caitlin Schroeder | Barnes & Thornburg LLP | December 1, 2017 A recent Indiana court decision further highlights the importance of closely reading and negotiating your construction contracts, which we discussed in our last issue of the Construction Law update. The article discussed Ryan v. TCI Architects/Engineers/Contractors, Inc., 72 N.E.3d 908 (Ind. 2017), in which… Continue reading Actions Required by Contract Do Not Give Rise to a General Contractor’s Duty of Safety to a Subcontractor’s Employee
Tag: General Contractor
The Importance of Situational Leverage
John Benjamin Patrick | Gordon & Rees LLP | November 11, 2016 George Orwell wrote “all animals are equal, but some animals are more equal than others.” In construction, this is plainly true. The large, multi-billion dollar prime contractor, for example, is unlikely to negotiate subcontract terms with the 7-figure concrete installer. The public agency… Continue reading The Importance of Situational Leverage
Subcontractor Claims: What can you do once your General Contractor Files Bankruptcy?
Vicki R. Harding – Pepper Hamilton LLP – September 30, 2014 Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) – After a general contractor filed bankruptcy, several of its subcontractors requested clarification from the court about whether they could file notices post-petition to… Continue reading Subcontractor Claims: What can you do once your General Contractor Files Bankruptcy?
SB 254A and Oregon’s CMGC Rules Are Overblown
Eric A. Grasberger – June 13, 2013 Oregon Senate Bill 254A and the CMGC method generally garner more attention than is justified. Here is the background. On a typical non-CMGC project, the general contractor will bid on a complete or nearly complete set of design documents. This is referred to as “design-bid-build.” In public construction, competitive bidding is… Continue reading SB 254A and Oregon’s CMGC Rules Are Overblown
What the New “Lien Agent” Laws Mean for General Contractors
David C. Kimball – March 12, 2013 Most people in the construction industry are generally aware of the new requirements that were recently enacted to require project stakeholders to file certain paperwork with so-called “lien agents.” Lien agents are supposed to serve as a clearinghouse for lien documentation and create a more comprehensive strategy of… Continue reading What the New “Lien Agent” Laws Mean for General Contractors