Get An Attorney To Read Your Construction Contract – Every Time

At the start of every construction project you sign a stack of papers that will dictate your success or failure on the project: the construction contract.  The contract may be short and sweet, or it may be a mountain of paperwork that not only includes its own provisions but also cites provisions in other paperwork […]

California Legislature Further Helping Subcontractors

I recently found a good article on JDSupra.com, always a great source for solid legal content, regarding California Senate Bill 474. This Bill protects subcontractors when contracting so that they cannot be held liable to indemnify the general contractor or owner from certain types of negligence. Author, Maria Giardina of Sedgwick, LLP, does a very […]

Litigation Topics for Prime / Subcontractor Contracts

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. The information is very helpful to contractors and can […]

Scott Wolfe Quoted in New Orleans City Business Article About Delays When Paying Subcontractors

Subcontractor non-payment is something very familiar to me. It's been written about here on the Construction Law Monitor (especially with regard to how pay when paid clauses affect subcontractor payments), and it's something my other blog (the Construction Lien Blog) focuses on exclusively in its discussion of mechanic liens. So it's no surprise that New […]

Common Law Analysis – Pay-if-paid, Pay-when-paid & Liquidating Agreements in Construction Contracts

In a recent decision, Sloan & Company v. Liberty Mutual Insurance Company ("Sloan"), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Although the court interprets Pennsylvania law, these concepts […]

3 Legal Concepts That Are Counter-Intuitive…and Dangerous

Sometimes the best blog posts and legal articles are the simplest.   Take, for example, a post from early October by Joshua Glazov on his Construction Law Today blog, where he simply cites a 1941 quote from US Supreme Court Justice Robert Jackson: The legal profession, like many another, tends to become over-professionalized.  We forget that […]

A Catch-22: Pay When Paid Clauses Do Not Extend the Lien Period

If you search "Pay When Paid Clauses" in Google, you're going to get a lot of results that say a lot different things. This contractual provision - used in almost every general / sub construction contract - is perhaps one of the most confusing or misunderstood provisions out there. We recently blogged about the dangers […]

Problems Can Arise When Using One Contract in Multiple States

Bowie & Jenson's Construction Law Forum blog just posted about a case out of the U.S. Fourth Circuit that demonstrates problems that may arise when a contractor uses one form contract in two different states.  In the 4th Circuit case discussed, Universal Concrete Products v Turner Construction Company, Maryland and Virginia were the bordering states […]

Great Resources for Mississippi Construction Law

This afternoon, I was reading a post on Bowie & Jenson's Construction Law Forum blog about problems that may arise when using the same subcontract in more than one state. The case discussed in the blog post regarding the differences in interpretation of a pay when paid clause in Maryland and Virginia. While we don't […]

Payment Provisions in Construction Contracts – Louisiana Law

Background on Payment Provisions & What is a "Pay When Paid" Clause While it's common practice in the construction industry to provide for partial payments from the contractor to subcontractor as work progresses, in Louisiana, unless the contract specifies otherwise, payment from the general contractor to the subcontractor is not actually due until the project […]