Legal News

Whether you are the owner or the general contractor, dealing with mechanic’s liens filed by subcontractors or suppliers can be frustrating and, in some cases, present the very real threat of having to pay twice for work or materials. Many states’...By: Bradley Arant Boult Cummings LLP

A GSA proposed rule, if adopted, will provide direction for the “construction manager as constructor” (“CMc”) project delivery method. CMc is widely used in the private sector – the American Institute of Architects (“AIA”) has an entire family of...By: Bradley Arant Boult Cummings LLP

A New York trial court recently upheld the enforceability of a no-damages-for-delay clause in a contract between a general contractor and its subcontractor. In Hailey Insulation Corp., v. WDF, Inc., the subcontractor (“Hailey”) filed a complaint...By: Bradley Arant Boult Cummings LLP

International construction arbitration welcomes FIDIC's latest standard form contract: the “Emerald Book”. Known more formally as Conditions of Contract for Underground Works the contract is designed to address issues that arise when dealing with...By: Akin Gump Strauss Hauer & Feld LLP

In the words of Judge Milan D. Smith, Jr. of the Ninth Circuit, “[w]e have become an arbitration nation.” Nonetheless, arbitration is a creature of contract, and there are limits to what an arbitrator may do. In Aspic Engineering v. ECC Centcom...By: Bradley Arant Boult Cummings LLP

Beginning as early as June 30, 2020, California employers with 5 or more California-based employees not already offering an employer-sponsored retirement plan will have to begin offering a retirement savings program, either through the private market...By: Ervin Cohen & Jessup LLP

One of the reasons I’m working on this project is to highlight the mandates and requirements that employers in the state need to follow. Some can lead to possible litigation; some can lead to, well, something less....By: Shipman & Goodwin LLP

When cited for violation of OSHA safety rules, employers can assert an “unpreventable employee misconduct” defense. This defense claims that the employee knew that he or she should safely engage in the work activity, yet ignored these instructions...By: Parker Poe Adams & Bernstein LLP

On July 2, 2019, the United States Bankruptcy Court for the Southern District of Mississippi sent a clear message to secured lenders that their security interests on a contractor's account receivables, even if perfected, will not be superior to the...By: Moritt Hock & Hamroff LLP

Fast Facts - United States - U.S. antitrust enforcement agencies concluded 20 “significant investigations” during the rolling-twelve months (RTM) ended Q2 2019, down from 28 for the RTM ended Q2 2018.......By: Dechert LLP