Kentucky Enacts Suppliers, Subs Protections in P3 Work

April 22, 2016    Kentucky Gov. Matt Blevin (R) signing of Kentucky statutes requiring a general contractor (GC) to post payment bonds on public private partnership (P3) projects made him the latest to join a growing list of governors who have enacted such legislation over the last few years. “Before this legislation was signed into...
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Protocols for Lien Filing Deadlines Tougher in Some States

April 7, 2016 Determining the best time to file a mechanic’s lien sometimes requires a forensic review of an improvement project, from determining if there are any issues with the product or service to spotting any problems with invoices. After wading through those issues, the next step often involves deciphering statutory filing deadlines fo...
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Rise of P3 Projects Prompts Need for Credit Vigilance

April 7, 2016 Rise of P3 Projects Prompts Need for Credit Vigilance The U.S. market is poised to become a world leader for public-private partnerships (P3s) due to new state and federal P3 political and legislative backing, a strong legal framework and capital markets to finance projects, an April report from Moody’s Investors Service indicat...
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Subcontractor Appeals Court’s Dismissal of Claim

April 05, 2016 An Illinois circuit court erred when it summarily dismissed a subcontractor’s mechanic’s lien claim, according to the American Subcontractors Association (ASA), Inc.’s brief filed in the Appellate Court of Illinois, in the case of AUI Construction Group, LLC, vs. Louis J. Vaessen, et al.  The case involves &ldq...
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PA Moves Toward Online State Construction Notices Directory

March 31, 2016 Pennsylvania’s State Construction Notices Directory is expected to go live Dec. 31. The website will serve as a central, statewide repository for posting construction notices of commencement, furnishing, completion and nonpayment. “The establishment of the State Construction Notices Directory will provide contractors and ...
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Circuit Court Decision Sets up Potential Hassle for LA Suppliers

March 21, 2016 A Louisiana Circuit Court decision stands to complicate matters significantly for material suppliers planning to file a lien on a public project. The recent court ruling by the Louisiana Fourth Circuit Court of Appeals upholds a lower court’s take in Gootee Construction v. Atkins that a lien on a public project must be filed af...
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Costly Washington State Surety Change Legislation Quashed

February 19, 2016 As noted in the latest edition of NACM’s eNews, lawmakers in Washington state were pushing hard for legislation that would double mandated surety bonds amounts and alter the timing for which preliminary notices on commercial projects could be served. However, thanks to a concerted effort by stakeholders, including members of...
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Illinois ‘Bonding Over’ Lien Change Reaction Far From a Consensus

February 11, 2016 (Editor’s Note) Reaction to the Illinois mechanic's lien statute changes that enable any party with a stake in the real estate tied to a project to substitute surety bonds for mechanic's liens continues to draw mixed reviews. Attorneys including Kori Banzanos, Esq., supported the changes, as noted in a Jan. 7 NACM eNews article, s...
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NCSL Unveils Lengthy Analysis of P3 Laws Nationwide

February 11, 2016 The National Conference of State Legislators (NCSL) has released a detailed report categorizing and analyzing Public-Private Partnership (P3) statutes in the 33 states that have adopted such laws as well as the District of Columbia and Puerto Rico. Last year, 47 P3-related bills were considered nationwide, down from 68 in 2014 and...
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CA Supreme Court to Decide if Liability Can be Shifted to Unknowing Subs, Suppliers Years Down the Road

February 9, 2016 The National Conference of State Legislators (NCSL) has released a detailed report categorizing and analyzing Public-Private Partnership (P3) statutes in the 33 states that have adopted such laws as well as the District of Columbia and Puerto Rico. Last year, 47 P3-related bills were considered nationwide, down from 68 in 2014 and ...
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