Client Alerts & Publications
NY’s Public Authorities Law §1744 (2) Is Amended
Published Date: January 2, 2015
For years, the New York City School Construction Authority has denied numerous contractors the opportunity to recover sums due and owing for work performed because they failed to file a formal notice of claim within 90 days of when their damages were ascertainable, even if they didn’t know that the SCA contested their right to payment. That law has finally [...] Read More
Proposed Amendments to Florida Statutes Chapter 558
Published Date: January 1, 2015
The Associated General Contractors of America (“AGC”) will be seeking passage of a bill in 2015 which amends Chapter 558, Florida Statutes, Florida’s “Notice and Opportunity to Cure” statute. House of Representatives Bill 87 (“HB 87”) was filed in the Florida House of Representatives on December 9, 2014. The House sponsor for HB 87 is Representative Kathleen Passidomo, an attorney [...] Read More
Construction Manager More at Risk?
Published Date: November 1, 2014
In Coghlin Electrical Contractors, Inc. v. Gilbane Building Co., et al, No. 2013-1300-D (Mass. Sup. Ct., June 24, 2014) (Davis, J.), the Massachusetts Division of Capital Asset Management on behalf of the Massachusetts Department of Mental Health (“Owner”) contracted with Gilbane Building Company (“CM”) to manage the construction for a psychiatric facility pursuant to a CM@R agreement. CM subcontracted the [...] Read More
New Executive Order Requires Contractors to Disclose Labor Violations
Published Date: August 1, 2014
As part of his Year of Action, on July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order. The Executive Order will require contractors who are bidding on federal government contracts in excess of $500,000 to disclose their federal and state labor law violations, as well as the labor law violations of their subcontractors, for the [...] Read More
Maryland Federal Court Rules Single Party Arbitration Contracts Unenforceable
Published Date: June 1, 2014
In a recent United States District Court for the District of Maryland decision, U.S. ex rel. Birckhead Electric, Inc. v. James W. Ancel, Inc., 2014 WL 2574529 (D. Md. June 5, 2014), the Court found that an arbitration provision in a construction contract that binds only one party is unenforceable. This means a party can be forced to litigate a [...] Read More