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Best Practices Category

Are You (Really) Indemnified…?

By on March 12, 2020

Indemnification clauses run a close third for “Most Tortured Interpretations” in the history of the written word, just behind the United States Constitution and the lyrics to The Beatles’ “I Am the Walrus.” One would think that, by now, a razor-sharp indemnification clause would exist such that it would become essentially boilerplate language, with a… Read more

Construction Contracts 101 – Key Terms and Provisions

By on August 31, 2017

A construction contract can be a daunting document.  It can be hundreds — if not thousands — of pages in length depending on the complexity of the project.  In addition to the document that is signed by the parties, the full construction contract can include drawings, specifications, geotechnical reports, general conditions, special conditions, and other… Read more

SCDOT’s New Prompt Payment Requirements Begin July 1

By on May 2, 2017

As of July 1, 2017, the South Carolina Department of Transportation (“SCDOT”) will impose new prompt payment requirements on its contractors. The New Requirements The new Prompt Payment Clause, which can be found in its entirety here, will require the following: The Contractor will pay its subcontractors within 7 calendar days of receiving payment from… Read more

Blowing the Whistle on Public Construction and the False Claims Act

By on January 25, 2017

Contractors hoping to take advantage of incoming infrastructure spending should implement False Claims Act protections now. While promises made during a presidential campaign can’t always be taken to the bank, the construction industry is nonetheless preparing for a rise in federally-funded projects based on the Trump campaign’s promise of increased infrastructure spending.  Contractors taking on this work… Read more

Construction Defect Limitations Periods and the Duration of Your Risk in the Carolinas

By on January 11, 2017

Contractors often understandably assume that the end of a contractual warranty period marks the end of their potential liability on a project.  Unfortunately, while a warranty can effectively limit obligations to make certain repairs, liability for defective construction does not end with the warranty.  Instead, the duration of risk is primarily determined by two types of laws:  statutes of… Read more

It’s a Good Time to Review Your FLSA Preparations

By on September 26, 2016

Virtually every construction payroll is governed by the Fair Labor Standards Act (the “FLSA”) and has been since 1938.  The FLSA governs payment of a minimum wage, overtime pay for time worked over 40 hours in a workweek, restrictions on the employment of children, and recordkeeping.  This Act has been amended on many occasions and new… Read more

Are you helping your Project Managers and Superintendents understand your contract?

By on September 19, 2016

The bidding and contract process is often totally separate from the job-site environment.  This can make it difficult for project managers and superintendents to keep track of key contract provisions, especially when the contract form in question is new to them.  Since field personnel are busy with the work, and are under a lot of… Read more

The Importance of the Contractor’s Daily Report

By on September 6, 2016

Ten years ago, when I was a second-year law student, I recall being told by numerous law professors that we’d be living in a paperless world by 2010.  While it is true that information continues to be shared, reported, and compiled digitally at an ever-increasing rate, it seems the amount of paperwork required to complete even… Read more

Legal Implications of South Carolina’s Notice of Furnishing Labor or Materials

By on June 14, 2016

In an earlier post, I discussed the practical benefits afforded by the Notice of Furnishing Labor or Materials when sent to the general contractor (“GC”) by a subcontractor or supplier who is second-tier or below.  Today, we’ll take a look at the legal protections the Notice provides to those lower-tier contractors. First, it must be noted that South… Read more

Avoiding the Element of Surprise and the Notice of Furnishing Labor or Materials

By on June 8, 2016

Generally, no one benefits from surprises on a construction project.  A particular problem that often catches general contractors by surprise occurs when a lower-tier subcontractor or materials supplier (i.e., one who does not contract with the general contractor but instead has a contract with a subcontractor) suddenly appears claiming that an unpaid contract balance is… Read more

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