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After SeaWorld closed its parks back on March 16, 2020 due to the spread of COVID-19, the company has been losing an estimated $2M a day during the shutdown. In response to the predicted losses, SeaWorld froze construction on its parks. Contractors responded swiftly by filing mechanics lien claims against multiple SeaWorld amusement parks for unpaid work on their attractions and facilities. SeaWorld construction projects during COVID-19 Before COVID-19 interrupted the parks’ ability to operate,…
The department store giant Macy’s is facing at least five mechanics liens totaling $114,973.29. These liens are rolling in amid the coronavirus pandemic, an event which has had a disastrous impact on the retail industry at large. With a decline in foot traffic and a sharp uptick in online shopping, major retailers have reported some significant losses in past months. Macy’s sales fell by more than half in the first quarter of 2020, which equates…
Many people assume that, once a contract is signed, there’s no going back. But what if there’s a mistake in your construction contract? What if the property owner’s name is wrong, or the property address is missing details? Bad information could cause a dispute or, worse, invalidate the contract entirely. Here are some strategies for dealing with misinformation in a construction contract. The problem of bad information in a construction contract Imagine this: You…
With coronavirus cases on the rise, many states are implementing rules and regulations to help construction professionals work safely. Sites and business owners have to develop safety plans for returning to work. These construction safety plans aren’t free – companies will need to cover costs related to social distancing regulations, the purchase of proper PPE, mandatory temperature checks, and increased sanitization measures. Here, we’ll look at some of the expenses that construction businesses will need…
When I first struck out on my own as a small contractor, I took any job I could get. I was new to running a business and really didn’t have much life experience. As is typical for new contractors, I couldn’t tell a lucrative project from a resource vacuum. I remember one job in particular that took me out at the knees. I almost didn’t recover. It was getting late in the season and I…
Protecting your payments on federal construction projects, means complying with the Federal Miller Act. Similar to state or local government projects, the general contractor is required to post a payment bond that subcontractors and suppliers can file a claim against if the go unpaid. And just like state projects, there are certain deadlines that must be met, particularly when it comes to the notice of claim. A Federal Miller Act notice is ineffective if…
When a construction customer files for bankruptcy in the middle of a project, equipment lessors need to act quickly. Failure to take the right steps can cause them to lose their equipment and dramatically reduce the amount they get paid. It’s a well-known fact that much of the heavy equipment and tools seen on construction sites are actually rentals. They don’t belong to the company running them. Rental companies purchase equipment and rent, or lease,…
The Virginia Supreme Court recently upheld a decision allowing a material supplier to make an unjust enrichment claim against a general contractor with whom they did not have a contract. The supplier provided materials to a subcontractor on the project for which they were never paid. The court held that a sub-tier material supplier was allowed to recover directly from the general contractor. Unjust enrichment claims Generally speaking, in the construction industry, to file a…
Tennessee passed new legislation in June 2020 which made some pretty serious changes to the state’s construction payment laws, affecting rules for notices, retainage, and prompt payment. Perhaps most importantly, the state changed the Notice to Owner rules quite a bit. SB 2681 (and its counterpart HB 2706) moved through the Tennessee legislature in a hurry. After being deferred back in March, the bill was placed on the calendar on June 3, 2020 and was…
Following construction to complete the second phase of the Los Mirasoles Wind Farm, which spans two South Texas counties, project owner EDP Renewables is now linked to a $4M mechanics lien claim. The outstanding invoice has been lingering since the claim was affirmed on May 14, 2020, according to the lien affidavits. Subcontractor Bennett On-Site Services filed two identical liens pursuant to Texas’ mechanics lien laws in both Hidalgo and Starr Counties. EDP Renewables currently…