On Tuesday, September 21, join Kegler Brown’s construction team as they discuss what’s currently happening in the construction industry and what they are predicting will come. Don Gregory will discuss the current construction climate and suggest tools to manage a contractor’s most challenging project risks, including price escalation, labor shortages and impacts to the supply […]
Posts Written By: Eric Travers
4th Circuit Rules for Subcontractor on “Subcontract vs. Miller Act” Issue
In the recently decided case of Aarow/IET, LLC v Hartford Fire Insurance Company, No. 19-1710 (4th Cir. 2020), the U.S. Court of Appeals for the Fourth Circuit issued a victory for a subcontractor whose federal Miller Act (payment bond) claim had been preliminarily dismissed by the Eastern District of Virginia trial court after that court […]
Court Holds that Subcontract Conditional Payment Clause is Not a Defense to a Surety on a Payment Bond Claim
In the recently decided case of Crosno Construction, Inc. v. Travelers Casualty & Surety Company of America, No. D075561, 2020 WL 1899278 (Cal. Ct. App. Apr. 17, 2020) the California Court of Appeals issued a victory for subcontractors’ and suppliers’ payment rights by holding that a subcontract “conditional payment” clause may not be relied on […]
Subcontractors + Suppliers Score a Mechanic’s Lien Rights Victory in Ohio Appellate Court
On August 14, 2019, the Court of Appeals, Ninth Judicial District (Summit County) handed Ohio subcontractors and suppliers a victory on mechanic’s lien rights by reversing and remanding a trial court decision where the lower court had held that a subcontractor’s notice of furnishing was invalid because it was served before the sub had performed any labor or […]
One-Sided Arbitration Clause: Contractor’s Right to Unilaterally Choose Arbitration Upheld
Subcontractors are often asked to sign a subcontract giving the general contractor the right to, in its sole discretion, choose arbitration or litigation to resolve subcontract disputes. Many view these clauses as unfair, and whether such clauses are even enforceable is not settled, which means that state and federal courts across the country have come […]