The Surety Has Tendered its Defense — Now What?
This is a question we sometimes get from contractors who are either on the receiving end of a payment bond claim for the first time or have deeper concerns about their current bonding relationship. An important first step is to review the fundamental difference between insurance policies (which provide coverage against the risk of defined… Read more
Statutory Changes to General/Mechanical Contractor License Groups
South Carolina General and Mechanical licenses are classified into five respective groups. Each group defines the contractor’s financial limitations for bidding and performing general or mechanical construction. Effective June 3, 2016, the South Carolina Legislature has enacted changes to the financial limitations and net worth requirements for each license group. A summary of the changes… Read more
It’s a Good Time to Review Your FLSA Preparations
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?
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
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