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Legal Updates
DC FEDERAL COURT RULES THAT PROMPT PAYMENT ACT DOES NOT CREATE PRIVATE CAUSE OF ACTION. PDF Print

November 30, 2011 - This September, the U.S. District Court for the District of Columbia considered an issue of first impression in the District of Columbia - whether the federal Prompt Payment Act ("PPA"), codified at 31 U.S.C. §§ 3901-3907, creates a private cause of action for contractors.

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Nevada's Highest Court Upholds Award Against Electrical Subcontractor That Reneged On Pre-Bid Price Quote. PDF Print

August 8, 2011 - This July, the Nevada Supreme Court ruled that a contractor was entitled to rely on a subcontractor's withdrawn bid under the doctrine of promissory estoppel.

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APPEALS COURT RULES THAT IMPROPER TERMINATION BARS BREACH OF CONTRACT ACTION AGAINST CONTRACTOR AND BOND. PDF Print

 

May 27, 2011 - To reduce the potential damage that a haphazard termination can cause to owners and contractors, many contracts contain specific termination procedures that must be followed.
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VIRGINIA FEDERAL COURT RULES THAT PREJUDGMENT INTEREST MAY NOT BE ASSESSED AGAINST A SURETY UNTIL A DEMAND IS MADE. PDF Print

February 14, 2011 - This past November, the United States District Court for the Eastern District of Virginia found as a matter of first impression in Virginia that prejudgment interest cannot accrue against a surety until a beneficiary has first made a demand for payment against the payment bond.

 

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FLORIDA MECHANIC’S LIEN CLAIMANTS MUST STRICTLY COMPLY WITH FLA. STAT. § 713.21(4). PDF Print

June 4, 2010 - A decision last week exemplified a Florida court's severe application of this statute to mechanic's liens.

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FOURTH CIRCUIT UPHOLDS PAY-WHEN-PAID CLAUSES IN VIRGINIA CONSTRUCTION CONTRACTS. PDF Print

May 5, 2010 - This February, the United States Court of Appeals for the Fourth Circuit confirmed that subcontractors in Virginia face an almost insurmountable task when attempting to avoid an unambiguous pay-when-paid clause.

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FIFTH CIRCUIT HOLDS THAT PARTIAL MECHANIC’S LIEN WAIVERS BAR THE CONTRACTOR FROM CLAIMS FOR EXTRA WORK AND DELAY DAMAGES. PDF Print

April 21, 2010 - The Fifth Circuit recently considered the question of whether interim mechanic’s lien waivers executed by a contractor released extra work claims and delay damages incurred prior to the waiver.

 

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VIRGINIA FEDERAL COURT RULES THAT A MECHANIC’S LIEN CANNOT INCLUDE FURNISHINGS. PDF Print

One of the dilemmas faced by Virginia construction law practitioners is determining what types of materials provided or labor performed on a project are properly the subject of a mechanic’s lien (April 21, 2010). Read article.

 
VIRGINIA FEDERAL COURT RULES THAT A MECHANIC’S LIEN CANNOT INCLUDE FURNISHINGS. PDF Print

April 21, 2010 - One of the dilemmas faced by Virginia construction law practitioners is determining what types of materials provided or labor performed on a project are properly the subject of a mechanic’s lien.

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MONTANA SUPREME COURT RULES THAT MECHANIC’S LIENS TAKE PRIORITY OVER CERTAIN DEEDS OF TRUST PDF Print

 

The Montana Supreme Court recently released an opinion addressing the priority between a construction loan trust indenture and a mechanic’s lien (March 22, 2010).
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News

MARYLAND ENACTS TOUGH LEGISLATION ENSURING PAYMENT OF SUBCONTRACTOR EMPLOYEE WAGES.

(April 17, 2018) - Earlier this month, the Maryland General Assembly amended the Maryland Labor and Employment Code to require that general contractors be liable for the unpaid wages of ...

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CHAMBERS USA GUIDE 2018 NAMES BRIGLIAMCLAUGHLIN, PLLC AS LEADING CONSTRUCTION LAWFIRM.

(January 26, 2018) – BrigliaMcLaughlin, PLLC has again been selected to the exclusive Chambers USA Guide 2018 for its expertise in construction law. Chambers USA selectively ranks the leading firms ...

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MARYLAND APPEALS COURT LIMITS APPLICATION OF CONSTRUCTION TRUST STATUTE TO CONTRACTS SUBJECT TO LITTLE MILLER ACT AND MECHANICS’ LIENS.

(January 26, 2018) - The Maryland Construction Trust Statute provides a powerful tool to prevent a dishonest contractor from merely closing up shop to avoid liability for its malfeasance. However, ...

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