Initial Highlights of the 2017 Edition of AIA A-201
By Leslie Sullivan on June 20, 2017 | Contracts
As you may be aware, the American Institute of Architects (“AIA”) revises its main contract forms every ten years and has recently released the 2017 Editions of their contract forms, including the AIA A201 – General Conditions of the Contract for Construction. I’ve just finished an initial review of the new AIA A201 2017 Edition. … Read more
The Duty to Defend in the Contractor’s CGL Insurance Policy
By Bryan Kelley on May 3, 2017 | Insurance
The CGL carrier’s duty to defend an insured contractor for a claim for defective construction can be a huge cost savings tool. But, contractors should be mindful of the benefits and hazards of tendering a defense to its carrier before doing so. What is the duty to defend? Commercial general liability (“CGL”) insurance carriers generally owe… Read more
SCDOT’s New Prompt Payment Requirements Begin July 1
By Frank Elmore on May 2, 2017 | Best Practices, Contracts, Government Regulations
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
The Beginning of the End for Davis-Bacon?
By Kim Wooten on January 31, 2017 | Government Regulations
On January 24, 2017, U.S. Senator Jeff Flake (R-AZ) introduced a bill that may signal the beginning of the end for Davis-Bacon prevailing wage provisions. The Davis-Bacon Act, applicable on federal infrastructure projects, was passed during the depression as a stopgap measure to ensure that workers on qualifying federal government projects were paid wages that… Read more
Blowing the Whistle on Public Construction and the False Claims Act
By Bryan Kelley on January 25, 2017 | Best Practices, Government Regulations, Public Procurement
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
