Changes to the Louisiana Public Works Act in 2022
This summer, Governor John Bell-Edwards signed a few bills that amend a handful of provisions under the Louisiana Public Works Act. These changes bring some clarifications and deadlines to a...
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Ohio Court of Appeals Rules in Favor of the Owner on a Sub’s Unjust Enrichment Claim
Getting paid on a construction project is often more difficult than it should be. As a subcontractor, you have a couple different remedies available to collect in case of nonpayment....
Florida Court Strictly Enforces New Assignment of Benefits Requirements
Restoration and roofing contractors often use an assignment of benefits agreement when performing repairs under an insurance claim. An assignment of benefits (AOB), in the context of the construction industry,...
Wisconsin Supreme Court Reverses Harsh Lien Waiver Decision
Despite the significant impact of a lien waiver on a contractor’s rights to payment, these documents are often executed and exchanged without a full appreciation of the implications. This is...
Appellate Court Offers Reminder: Pay-if-Paid Clauses Still Enforceable in Connecticut
Pay-if-paid clauses in construction contracts are controversial at best. While some states have enacted legislation strictly prohibiting the enforceability of such clauses, other states will still enforce them if the...
Indiana: Suppliers-to-Suppliers Now Have Lien Rights
Mechanics lien rights are the most powerful tool in the construction industry to recover payment. One notable exclusion from lien protection in a fair amount of states is the supplier...
Florida Final Payment Affidavit: Appellate Court Clarifies 5-Day Timing
A mechanics lien isn’t just a singular document, but rather a process. This is generally true in every state, including Florida. There are at least three different steps for Florida...
Virginia Private Prompt Pay & Pay-if-Paid Legislation Enacted: Effective January 1, 2023
Earlier this year, legislation was introduced in Virginia to shore up payment protections in the construction industry. The proposed changes include an official prohibition on pay-if-paid clauses, along with new...
Minnesota: ‘Final Payment’ on Check Memo Line Meant Contractor Couldn’t Collect Outstanding Balance
When a payment dispute arises on a construction project, an often-used tactic by customers is to hand over a check for a lesser amount with “final payment” written in the...
Ohio Prompt Pay Claim Denied: Supplier Invoices Not Submitted Prior to Sub’s Pay App
Prompt payment laws have been enacted in some form or another in nearly every state. These laws are meant to ensure that contractors, subs, and suppliers are paid within a...