News

Virginia Supreme Court Rules Prime Contractor's Lawsuit is too Late to Obtain Indemnity from Subcontractors and Their Sureties

In the recent decision of Hensel Phelps Construction Company v. Thompson Masonry Contractor, Inc., Record No. 151780 (November 3, 2016), the Virginia Supreme Court affirmed a circuit court’s dismissal of a prime contractor’s lawsuit against its… Read More
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Categories: Legal Updates

Maryland and DC Courts Hold That Dispute Resolution Clause in Prime Contract Does Not Require Stay of Subcontractor's Payment Bond Suit

In two recent cases in the U.S. District Courts for the Districts of Maryland and the District of Columbia, the federal courts both held that dispute resolution clauses contained in the contracts between the owners and general contractors do not requ… Read More
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Categories: Legal Updates

Maryland Subcontractor's Delay Damages Waived Through Lien Releases

In United States v. Hartford Accident & Indem. Co.,a federal court in Maryland recently held that partial lien releases, executed without exceptions, barred a mechanical subcontractor’s claim for delay damages.  Even though the subcontractor… Read More
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Categories: Legal Updates

Maryland Caselaw Provides a Cautionary Tale When Seeking to Recover for Design Defects

Earlier this month, the Court of Special Appeals of Maryland provided construction contractors with a cautionary tale when seeking to recover for design defects.  In Fort Myer Construction Corporation v. Maryland-National Capital Park and Planning… Read More
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Categories: Legal Updates

Shoshana E. Rothman Selected as Super Lawyers' Rising Star

Shoshana E. Rothman was recently selected as a Super Lawyers’ Rising Star.  Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.… Read More
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Categories: Firm News

Federal Circuit Holds That Prime Contractor's Insurer Cannot Seek Equitable Subrogation Against Government

Although a performing surety can bring an action directly against the government under the doctrine of equitable subrogation, the Federal Circuit has not previously determined whether the doctrine extended to a contractor’s general liability insure… Read More
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Categories: Firm News

Shannon J. Briglia Selected For Inclusion in the Best Lawyers in America 2016®

Shannon J. Briglia was again selected by her peers for inclusion in The Best Lawyers in America 2016 in the fields of Construction Law and Construction Litigation.  Since it was first published in 1983, Best Lawyers has become universally regard… Read More
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Categories: Firm News

Maryland Court of Special Appeals Holds that Contractor's "Substantial Compliance" with Licensing Statute Suffices

Although the general rule in many jurisdictions, including Maryland, California, Florida, Virginia, and Arizona, is that an unlicensed contractor cannot sue to enforce a construction contract, our firm has previously written about certain exceptions… Read More
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Categories: Legal Updates

American Arbitration Association Revises Its Rules and Procedures for the Construction Industry

Effective July 1, 2015, the American Arbitration Association (AAA) revised its Arbitration Rules and Mediation Procedures for the Construction Industry to directly address the preferences of users for a more streamlined, cost-effective, and tightly m… Read More
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Categories: Legal Updates

Virginia Enacts Legislation Prohibiting Advanced Mechanic's Lien and Payment Bond Waivers for Subcontractors and Suppliers

Provisions in Virginia construction contracts which require subcontractors, lower-tier subcontractors, and material suppliers to waive their lien rights, right to assert payment bond claims, or the right to assert claims for additional costs in advan… Read More
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Categories: Legal Updates