Construction

Insurance Coverage for Subcontractor Non-Compliance with Prevailing Wage Laws

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06/30/2015Lowenstein, Neil S.

One Court says there is at least a Duty to Defend Authored by attorney Neil Lowenstein Subcontractor non-compliance with prevailing wage laws is unfortunately not uncommon. But might that be covered by the General Contractor’s insurance? For one design-build project that included coverage for professional liability a federal court in Washington has said there’s at… Read more »

Prospective Waiver of Lien Rights by Subcontractors & Suppliers

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06/16/2015Rixey, James B.

Authored by attorney Jay Rixey On April 15, 2015, the General Assembly enacted legislation amending Virginia Code § 43-3, providing that a subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights, right to assert bond payment claims, or the right to assert claims for additional costs in advance of furnishing… Read more »

Statutory Subcontract Limits & Requirements for North Carolina Subcontracts: The Short Summary©

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02/05/2015Lowenstein, Neil S.

Authored by attorney Neil Lowenstein1 Below is a short summary of some of the statutory requirements and constraints in the North Carolina code regarding subcontract requirements for North Carolina projects (commercial or public). Pay when paid (NCGS § 22C-2). Performance in accordance with its contract entitles subcontractors to payment (NCGS § 22C-2). Payment by an… Read more »

North Carolina Mechanic’s Lien Rights: The Short Summary©

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02/05/2015Lowenstein, Neil S.

Authored by attorney Neil Lowenstein1 Generally speaking, the North Carolina code structure gives two types of liens: 1) a claim of lien on real property; and 2) a claim of lien on funds. Attorney’s fees can also be discretionarily awarded by the court to the prevailing party (NCGS § 44A-35). Perfecting and enforcing lien claims… Read more »

North Carolina “Little Miller” Payment Bonds: The Short Summary©

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02/05/2015Lowenstein, Neil S.

Authored by attorney Neil Lowenstein1 Like many states, North Carolina has “Little Miller” code provisions intended for the protection of those that furnish labor or materials for North Carolina public projects since those persons cannot claim claims of lien against the real property. It covers the construction, reconstruction, alteration or repair of any public building… Read more »

Warranty Provisions Deserve Careful Consideration from Contractors

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01/12/2015Vandeventer Black

Authored by attorney Casaundra Maimone It goes without saying that a contractor should carefully review all of the proposed terms and negotiate all of the final terms of a construction contract such that the provisions are best tailored to their role on the project.  Nonetheless, attentiveness to warranty terms is especially important due to the… Read more »

Mechanic’s Liens: Part One. Technical Risks

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10/02/2014Vandeventer Black

Virginia law provides for a mechanic lien intended to insure payment to persons who supply labor or materials for construction projects. On first blush, the requirement is simple – to file the mechanic’s lien. But over the years judicial interpretations of the statutory provisions have made the requirements much more complex than that; and any… Read more »

Mechanic’s Liens: Part Two. Practical Risks

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10/02/2014Vandeventer Black

A mechanic’s lien is a powerful tool to secure payment for construction work.  As discussed in the last article, however, there are technical requirements to prepare a mechanic’s lien.  Heads Up Sprinkler lost its mechanic’s lien after five years because it failed to include a statement that it “intended to claim the benefit of the… Read more »

Primer on Virginia’s Data Breach Law: Part Two

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06/04/2014Vandeventer Black

Recall from Part I of the Primer on Virginia’s Data Breach Law that your laptop has been stolen, and you have concluded there has been a breach of security under Virginia’s data breach law.  You must now determine whom to notify, and this will depend on your relationship to the data.  Individuals or entities that… Read more »