Real Estate & Construction

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…

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