News Maker – California, Arizona, Nevada, New Mexico, Washington - Stop Notice Challenge

Mississippi's Fifth Circuit Court of Appeals' decision last month that rendered its Stop Notice statute unconstitutional could very well foster challenges in other states such as Arizona, California, Nevada, New Mexico and Washington that have similar Stop Notice statutes. "I'm sure some GC will take a shot at it," said James Reed, Esq., partner at...
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News Maker – Mississippi

The United States District Court for the Northern District of Mississippi has ruled that Mississippi's Stop Notice statue is unconstitutional. The fallout from the decision is unclear, but it could make it more difficult to get lines of credit from suppliers and contractors. The state's Fifth Circuit Court of Appeals affirmed a 2012 lower court rul...
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New North Carolina P3 Law Includes Payment Bond Requirement

A new North Carolina law ( Ch. SL 2013-401 ) authorizing the use of public-private partnerships and design-build on non-transportation public work in the state includes payment assurances for construction subcontractors and suppliers. The new law, which becomes effective on Sept. 22, 30 days after North Carolina Gov. Pat McCrory (R) signed the legi...
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Disclosure Requirement Legislation Introduced.

In a recent American Subcontractor Association (ASA) edition of Contractor's Compass, ASA reported that Legislation has been introduced that will require General Contracts who bid and accept Federal Construction projects in excess of $1,000,000 disclose any subcontractor hired by that General Contractor who completes any subcontract work in excess ...
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News Maker - IOWA

Mechanic's Notice and Lien Registry Changes Iowa's Mechanic's Notice and Lien Registry, which launched on January 1, is up-and-running without significant issue. Liens must now be filed electronically in the registry, housed on the Iowa Secretary of State's website, as part of the shift ushered in by the passage of Iowa House File 565. Among other ...
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News Makers - ILLINOIS

Mechanic's Lien Substitution A bill proposed in the 98th Illinois General Assembly that would allow changes for when an applicant can substitute a bond for the existing mechanic's lien does not appear to be on a fast track in the Illinois House. As noted in a previous News Maker entry, HB 2804, proposed by Rep. Arthur Turner, sought to amend the st...
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News Maker - CALIFORNIA

CALIFORNIA:  On Aug. 13, California Governor Jerry Brown signed AB 164 "An act to amend Section 5956.6 of the Government Code, relating to infrastructure financing".  The new law, originally sponsored by Bob Wieckowski and Jeff Gorell, will help assure that subcontractors and suppliers will be paid for work they perform and services ...
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News Maker - NORTH CAROLINA

NORTH CAROLINA:   On July 25th H857 "Public Contracts/Construction Methods" was forwarded to the governor for his signature.  Applying to construction of public buildings, the bill spells out the terms under which design-build may be used by local governments, including criteria under which a governmental unit would evaluate its capabilit...
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News Maker - WASHIINGTON DC

WASHINGTON DC - On August 2nd, Mayor Vincent Gray signed into law the " Private Contractor and Subcontractor Prompt Payment Act of 2013 ."  The new law establishes private contractor and subcontractor prompt payment laws, time requirements for owners and contractors to pay contractors and subcontractors when the contract does not provide for s...
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News Maker - CALIFORNIA

CALIFORNIA: CA SB 616 continues to make its way through the legislative process.   Sponsored by Roderick Wright SB 616 the bill is titled "Public works: payment bonds". Existing law requires a direct contractor that is awarded a public works contract involving expenditure greater than $25,000 to give a payment bond to, and appro...
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