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Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

Construction and Infrastructure Law

The new law puts the onus on direct contractors to not only monitor their own payroll practices, but to ensure that their subcontractors and lower tier subcontractors are engaging in proper payroll practices. AB 1701 does not afford individual workers a direct right to sue contractors. Section 2810.3

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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

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Indemnification Clause in Construction Contract was Expensive for Contractor

Construction Lawyer

281 Broadway Holdings, LLC , a subcontractor was forced to pay for the costs of defense of the owner and general contractor, even though the court found that the contractor was not at fault. The owner hired Pavarini as the general contractor. The owner and the general contractor filed cross-claims against SJ for indemnification.

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Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

Constructlaw

Army Corps of Engineers hired Relyant Global LLC to act as the prime contractor. In response, FE&C advanced a creative theory of liability — “FE&C is not bringing a private right of action under the federal Prompt Payment Act, but is instead seeking enforcement of a contractual penalty.” Air Force dormitory in Missouri.

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Maryland Enacts New Environmental Laws in 2020

Green Building Law Update

The bill also establishes liability protections for MDE and the State. It is unclear how this impacts State enforcement of these toxic groundwater contaminants through the Clean Water Act and Safe Drinking Water Act as well as State liability? HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA.

Maryland 156
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#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

A recent New Hampshire Superior Court case applied the covenant to restrict a contractor’s right to terminate a subcontractor “for convenience” – the ultimate exercise of discretion – before the subcontractor even starts work, simply in order to try to obtain a better price.

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Maryland Enacts New Environmental Laws in 2020

Green Building Law Update

The bill also establishes liability protections for MDE and the State. HB 1029 / SB 224 alters the allocation of funds for the Clean Energy Account within the Maryland Employment Advancement Right Now program. HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA.

Maryland 156