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Virginia Supreme Court Rules Prime Contractor's Lawsuit is too Late to Obtain Indemnity from Subcontractors and Their Sureties
December 6th, 2016
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…
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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
November 6th, 2016
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…
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Categories: Legal Updates
Maryland Subcontractor's Delay Damages Waived Through Lien Releases
July 26th, 2016
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…
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Categories: Legal Updates
Maryland Caselaw Provides a Cautionary Tale When Seeking to Recover for Design Defects
May 2nd, 2016
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…
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Categories: Legal Updates
Shoshana E. Rothman Selected as Super Lawyers' Rising Star
April 20th, 2016
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.…
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Categories: Firm News
Federal Circuit Holds That Prime Contractor's Insurer Cannot Seek Equitable Subrogation Against Government
February 1st, 2016
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…
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Categories: Firm News
Shannon J. Briglia Selected For Inclusion in the Best Lawyers in America 2016®
October 28th, 2015
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…
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Categories: Firm News
Maryland Court of Special Appeals Holds that Contractor's "Substantial Compliance" with Licensing Statute Suffices
October 20th, 2015
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…
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Categories: Legal Updates
American Arbitration Association Revises Its Rules and Procedures for the Construction Industry
July 28th, 2015
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…
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Categories: Legal Updates
Virginia Enacts Legislation Prohibiting Advanced Mechanic's Lien and Payment Bond Waivers for Subcontractors and Suppliers
June 22nd, 2015
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…
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Categories: Legal Updates