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
Tag: subcontractors
Mechanics’ Lien Law Changes for Subcontractors
Parker Poe – November 29, 2012 Substantial changes to North Carolina’s mechanics’ lien and bond laws are slated for 2013. These changes include: Curtailing a contractor’s ability to waive the lien rights of its subcontractors Requiring service of a “Contractor’s Project Statement” and “Notice of Public Subcontract” on bonded public projects Establishing a new lien… Continue reading Mechanics’ Lien Law Changes for Subcontractors
Construction Manager’s Obligations may Include Duties to Subcontractors
Alston & Bird – September 12, 2012 Parties often question what, if any, standard of care construction managers (CMs) owe on a project. The 7th Circuit Court of Appeals recently addressed this question when a “greenhorn” carpenter was injured while trying to make repairs on the upper floors of a Trump Tower construction project in… Continue reading Construction Manager’s Obligations may Include Duties to Subcontractors
New Indemnity Law Protects Subcontractors
Maria J. Giardina – July 19, 2012 California Senate Bill 474 prohibits a contract provision requiring a subcontractor to indemnify a general contractor, construction manager, or other subcontractor for claims arising out of their “active negligence.” This bill, which becomes effective January 2013, represents a major legislative victory for subcontractors and establishes other important protections… Continue reading New Indemnity Law Protects Subcontractors
Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims
Edward Lozowicki and Scott A. Vignos – June 19, 2012 Can a supplier of construction materials be considered a “subcontractor” for purposes of enforcing its claim on a public works payment bond? The answer is “yes” according to a recent decision of the California Court of Appeal. In Eggers Industries v. Flintco, Inc., et al.,… Continue reading Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims