• Phone: 410-740-5560

Extreme Weather Has Texas Contractors Pressing Pause on Projects

It appears everything is bigger in Texas—even its temperature extremes. A recent barrage of winter weather has Texan contractors shutting down their construction sites across the state.The temporary shutdowns are not only the result of snow and ice accumulation, but the uncharacteristic drop in temperature and loss of power. Many contractors are ta...
Continue reading
  10 Hits
  0 Comments
Tweet
10 Hits
0 Comments

NIBS Convenes BIM Executive Roundtable on Construction Industry Digital Transformation

The National Institute of Building Sciences is working toward a U.S. building information modeling (BIM) standard. The organization met Feb. 4 with about 40 leaders from public and private organizations to discuss the need for a coordinated program to advance collaboration and innovation in the building industry.As defined on buildinginformationman...
Continue reading
  22 Hits
  0 Comments
Tweet
22 Hits
0 Comments

Will BIM Become the Standard in the USA?

Construction projects around the world have been, and are continually being revolutionized by the techniques of building information management, or BIM. The benefits of BIM in the realms of architecture, engineering and construction are multifaceted, from improvements in speed and efficiency to reducing materials wasted and increasing safety.These ...
Continue reading
  22 Hits
  0 Comments
Tweet
22 Hits
0 Comments

Delaware Bankruptcy Court Teaches Important Lesson on Timely Lien Perfection

Perfect your liens on time or you may lose them. That's the painful lesson U.S. Bankruptcy Judge Karen B. Owens taught Halliburton Energy Services, Inc., in her recent decision.Ruling on plaintiff-debtor Southland Royalty Company LLC's motion for partial summary judgment, Judge Owens found that Halliburton did not obtain a lien on Southland's produ...
Continue reading
  51 Hits
  0 Comments
Tweet
51 Hits
0 Comments

Wash Your Hands, Wear a Mask and Read Your Contract

In the midst of this pandemic, not to mention social upheaval, political chaos, and events of historic ramifications, everyone in the world right now is dealing with risk and uncertainty. Personal, family, professional, public, private, cultural, economic, it seems that if it is a noun, it is uncertain. We are coping, mitigating, avoiding, research...
Continue reading
  125 Hits
  0 Comments
Tweet
125 Hits
0 Comments

Construction Disruptions Settle After Initial Impacts

The ever-changing atmosphere of 2020 is nearing an end; however, only the calendar will be what is changing. As 2021 approaches, it is important to review the last several months as the economy plummeted and sharply rebounded to prepare for what the new year might bring. The construction industry, like many other sectors, saw its ups and downs with...
Continue reading
  178 Hits
  0 Comments
Tweet
178 Hits
0 Comments

Federal Prompt Pay Act Does Not Afford Subcontractors Right to Sue General Contractor

On October 15, 2020, in EMTA Insaat Taahhut ve Ticaret A.S. v. Cosmopolitan Incorporated, a federal district court held that the federal Prompt Pay Act (PPA) (31 U.S.C. §§ 3901, et al.) does not create a private right of action for a subcontractor against a general contractor. The dispute arose from a project for the installation of hardened traile...
Continue reading
  167 Hits
  0 Comments
Tweet
167 Hits
0 Comments

Termination of Construction Contracts

Rightful TerminationIf a construction contractor has been rightfully terminated, the contractor has no claim against the owner for damages. Under a properly drafted contract, the terminated contractor may be liable for the costs of completion after termination and other damages.[i]Wrongful TerminationBy terminating a contractor, the owner runs a co...
Continue reading
  158 Hits
  0 Comments
Tweet
158 Hits
0 Comments

Winter Slowdown-Pandemic Combo a New Hurdle for Construction

Winter is coming and that means the inevitable slowdown in construction is not far behind. Depending upon specialties, some construction companies fare better than others during the winter months, but slight declines in overall business are common during the industry's offseason. What remains uncharted territory for many in the sector is the combin...
Continue reading
  152 Hits
  0 Comments
Tweet
152 Hits
0 Comments

Don’t Forget to Send a Notice to Owner in Minnesota

 A delayed downtown Minneapolis construction project has seen its share of complications. As with many companies, construction projects and other business ventures, the COVID-19 pandemic has thrust its ugly head into the world, impacting billions of people. The Dayton's Project in downtown Minneapolis has a delayed opening due to COVID-19, and...
Continue reading
  235 Hits
  0 Comments
Tweet
235 Hits
0 Comments

Commercial Construction Struggles Reach Las Vegas

Many industries have languished in recent months due to the hardships of COVID-19, and the construction sector is no exception. Analyses have shown the impacts are ongoing, including a recent survey from the Associated General Contractors of America (AGC) that found 78% of respondents reporting project delays and disruptions in October. A new wave ...
Continue reading
  234 Hits
  0 Comments
Tweet
234 Hits
0 Comments

Litigation Privilege Saves the Day for Mechanic's Liens

In RGC Gaslamp v. Ehmcke Sheet Metal Co., the Fourth Appellate District held that a trial court properly granted an anti-SLAPP motion because the recording of a mechanic's lien is protected by the litigation privilege.In RGC Gaslamp, subcontractor Ehmcke Sheet Metal Company ("Ehmcke") recorded a mechanic's lien to recoup payment due for sheet metal...
Continue reading
  238 Hits
  0 Comments
Tweet
238 Hits
0 Comments

Nonpayment Protections for Material Suppliers Start with Data

Defensive driving is a tactic that protects motorists. It saves lives and reduces the possibility of accidents. Mastering the skill puts you in the driver's seat, so to speak, to avoid obstacles and stay in control. Acquiring this prowess and self-awareness in other areas of life can be just as important, and it can provide similar protections. In ...
Continue reading
  277 Hits
  0 Comments
Tweet
277 Hits
0 Comments

Construction Industry Plans for Ongoing Pandemic-Driven Changes to Operations

With 2021 on the horizon, the construction industry is moving forward with the pandemic in mind and, unfortunately, the same obstacles remain. A lack of in-person meetings is impeding some companies' ability to conduct business, and there are rising concerns over the coming year's cash flow. Yet, the show must go on, so construction professionals a...
Continue reading
  375 Hits
  0 Comments
Tweet
375 Hits
0 Comments

Eight Issues to Review when Negotiating Construction Contracts in the COVID-19 World

Over recent months, we have all been inundated with webinars, articles and non-stop updates on COVID-19 and how this unprecedented crisis is impacting the construction industry. The term "Force Majeure" has become a common refrain in the COVID-19 era. The issue is that many construction contracts may not even use this term and even more do not use ...
Continue reading
  443 Hits
  0 Comments
Tweet
443 Hits
0 Comments

Tennessee Enacts New Construction Legislation in 2020

The Tennessee Construction Industry Payment Protection Act was signed into law on June 22. The Act addresses or reallocates certain risks associated with non-payment on construction projects under Tennessee's Prompt Pay Act (PPA) and is intended to increase clarity and consistency in the PPA and in Tennessee's mechanics' lien law, Truth in Construc...
Continue reading
  396 Hits
  0 Comments
Tweet
396 Hits
0 Comments

New Georgia Law Changes Lien Waivers

Georgia Senate Bill 315 ["SB 315"] amends the lien waiver statute codified under OCGA §44-14-366. It has passed both houses and has been signed into law by the governor with an effective date of Jan. 1, 2021. The reason the law was amended was a recent decision by the Georgia Court of Appeals that held a lien waiver was not limited to lien/bond cla...
Continue reading
  576 Hits
  0 Comments
Tweet
576 Hits
0 Comments

The Risky Business of Material Suppliers

If there's one piece of advice credit professionals in commercial construction should follow, it's knowing who you're getting into business with from the start. Material suppliers must not only assess any and all potential risks of conducting business with a subcontractor (sub) but also understand the consequences of little to no due diligence. For...
Continue reading
  454 Hits
  0 Comments
Tweet
454 Hits
0 Comments

What If the Contractor, Rather Than the Owner, Signs a Notice of Commencement? Is the Notice Defective And, Therefore, Ineffective?

Under Florida lien law, a Notice of Commencement is a form document the property owner is generally required to sign and record in the public record before commencing any improvements to real property. One of the purposes of the Notice is to provide potential lienors with information they will need to file a lien if they are not timely paid. The st...
Continue reading
  448 Hits
  0 Comments
Tweet
448 Hits
0 Comments

Fraudulently Filing Lien Backfires on Contractor

Liens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a construction contract. When utilized properly, filing a lien may induce an owner to release funds that are undisputedly owed to the lienor. However, when a party's lien filing is delinquent or defective, and...
Continue reading
  431 Hits
  0 Comments
Tweet
431 Hits
0 Comments
    Previous    
1 2 3 4