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Default termination: construction contract's death penalty
  • Smith Currie & Hancock
  • USA
  • November 10 2013

Most well-drafted construction subcontracts expressly recognize the general contractor's right to terminate the subcontract upon the default of the

Advisory-LLCs can finally become licensed California contractors
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • October 10 2011

California law directs the Contractors’ State License Board, no later than January 1, 2012, to begin processing applications by limited liability companies for contractors’ licenses

Individual members of LLC personally liable for torts committed in furtherance of the LLC’s business
  • Alston & Bird LLP
  • USA
  • June 20 2012

In the South Carolina case of 16 Jade Street, LLC v. R. Design Construction Company, the court wrestled with the scope of protection from tort liability provided to individual members of a limited liability company

Contractor’s officers liable for failure to complete punch list
  • Alston & Bird LLP
  • USA
  • June 20 2012

A cautionary tale about the consequences of disregarding the separateness of a corporate entity is told in the recent case of Christopher v. Sinyard out of Georgia

Offer, acceptance, and consideration examined by the Court of Chancery
  • Fox Rothschild LLP
  • USA
  • January 11 2012

In the recent Delaware Court of Chancery decision of James J. Gory Mechanical Contracting, Inc. v. BPG Residential Partners V, LLC and the BucciniPollin Group, Inc., Del. Ch. C.A. No. 6999-VCG (Del. 30, 2011), the Court examined the fundamental contract tenets of offer, acceptance, and consideration in denying Defendants’ Motion to Dismiss the Complaint

California contractors can soon be licensed as limited liability companies
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • April 19 2011

Prior to January 1, 2011, the California Corporations Code prohibited LLCs from rendering "professional services as defined in section 13401 and 13401.3" of the Corporations Code

Construction trades find protection in shortened statute of limitations
  • Frost Brown Todd LLC
  • USA
  • November 14 2012

On September 28, 2012, the Ohio Revised Code 2305.06 was amended to reduce the statute of limitations from 15 years to 8 years

Pennsylvania Superior Court rejects fraud requirement for UTPCPL catchall liability
  • Reed Smith LLP
  • USA
  • April 18 2012

The Pennsylvania Superior Court recently departed from a settled line of cases in holding that “misleading conduct,” as opposed to fraud, could support a violation of the catchall provision of the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”

Ignoring RFP formatting requirements is risky
  • Smith Currie & Hancock
  • USA
  • January 3 2014

With the advance of technology and the importance of delivering information to the government by electronic means using that technology, a contractor

General counsel update September 2014
  • Herbert Smith Freehills LLP
  • Russia, United Kingdom, USA, Australia, China, European Union, Hong Kong
  • September 29 2014

The London Court of International Arbitration (LCIA) Court's new rules come into force on 1 October 2014 and are to apply to any arbitration