P3 Legislation Considered in D.C.

July 21, 2016    A proposed Washington, DC public-private partnership (P3) rule seeks to lay groundwork for procurement that includes requirements for bonds or other securities. The P3 rule would require that the private entity for each project “maintain or cause to be maintained performance and payment bonds, letters of credit or o...
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NY Seeks to Clarify Retainage Statute

July 21, 2016    A state-level proposal in the New York legislature has construction industry analysts—and should have subcontractors as well as their key suppliers—on watch. Assembly Bill A10446 seeks to amend New York’s general business mandates to provide for more timely release of retainage on private construction jo...
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D.C. P3 Rules Would Require Payment Bonds or Other Securities

June 8, 2016    A proposed Washington D.C.’s public-private partnership (P3) rule, set to be passed or rejected by the Council of the District of the Columbia in the coming months, lays the groundwork for procurement that includes a requirements for bonds or other securities. The P3 rule, submitted for a 30-day public comment period...
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Maryland Law Mandates Change Order on Some Projects

June 2, 2016    In Maryland, a law enacted May 19 prohibits a government agency from requiring a prime contractor on a state construction projects, and a prime contractor from requiring a subcontractor, to begin change order work under a contract until the procurement officer for the agency issues a written change order that specifies whe...
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Follow Lien Requirements to the Letter to Avoid Discharge

June 2, 2016    Pay close attention to state lien laws, particularly regarding some of the ways lien rights can be dismissed, in order to maintain them. “When a property owner challenges the validity of a mechanic’s lien, the lienor must be prepared to stave off that challenge,” said Chris Ring, of NACM’s Secured T...
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Understanding Lien Extension Rules is Key to Keeping Them

June 1, 2016    Make sure to adhere to mechanic’s lien timelines, including requests to extend the liens, to the letter, or lien rights could be dismissed. In New York, for instance, a mechanic’s lien on residential property lasts for a year from the date of recording. Those seeking to extend the lien for another year need to ...
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Tennessee’s New P3 Law Commences in October

May 27, 2016    Like several other states without up-to-date Public-Private Partnership (P3)” statutes in place before 2016, Tennessee has passed legislation that authorizes private entities to develop, redevelop and operate transportation facilities within the state through. First introduced into Tennessee’s legislature in Ja...
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NY Transit Legislation Opens Door for P3s in the Big Apple

May 11, 2016    Part of a sprawling budget bill—which includes everything from tax benefits for electric car purchasers to construction projects to groundwater protection—signed into law last month may pave the way for more public-private partnership (P3) projects in New York City. Tucked into the budget bill are new authoriza...
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What is My 'REAL' Lien Deadline Date? (Part 2 of 3: Unpaid Balance Liens)

April 22, 2016    In about 50% of U.S. states, the deadline date to file a mechanic’s lien is not only based on a date defined in the statute, it’s also based on the receivable balance remaining to be paid on the general contract. States where the dollar value of a mechanic’s lien is limited to unpaid funds owed on the g...
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Kansas Still Lacking P3 Legislation, But Effort Picking Up Steam

April 22, 2016    Kansas lawmakers are considering SB 475, which would require a payment bond in an amount “equal to the full contract amount solely for the protection of claimants who supply labor or materials to the contractor or subcontractor in the prosecution of the work.” Kansas is one of just more than a dozen states na...
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