Michigan Appeals Court Rules For Contractor over City, Surety Over Contractor

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A claim against the city of Adrian in a 2009 downtown facade restoration project survived an appeal while a claim by a bonding company is to be granted following a state appellate court opinion. In an opinion published Dec. 5, a three-judge panel of the Michigan Court of Appeals affirmed a decision by Lenawee County District Judge Anna Marie Anzalone …

South Carolina Contractor’s Success Story Began With His First Bid Bond

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The C.F. Evans story begins in the years following World War II when Clarence Felder Evans, an Army veteran, joined his cousin, Fred Evans, to learn as much as he could about construction. Buoyed by the baby boom, their company, Evans Construction, fielded requests from families seeking to build homes of their own in Orangeburg, Holly Hill, Aiken and other South …

Pennsylvania Lawsuit Alleges Subcontractor Is Owed $52,170 From Payment Bond

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A recently-filed lawsuit in Pennsylvania state court sees a Glassport construction and paving group suing one of its subcontractors and a bond company, in connection with a project for construction work of municipal buildings in Penn Hills. Murin & Murn, Inc. of Glassport filed suit in the Allegheny County Court of Common Pleas on Dec. 6 versus The Ohio Casualty …

Improper Installation Of Stone Veneer Creates Risk Of Mold, Rot

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We all remember the litigation nightmare surrounding synthetic stucco or EIFS (exterior insulation finish systems) in the recent past. Now, commentators worry that Adhered Concrete Masonry Veneer, also known as manufactured stone veneer, when installed improperly, poses the potential to cause widespread litigation similar to EIFS. In case you do not recall, EIFS became a popular exterior on residential structures …

What Will Trump’s 2018 Infrastructure Package Include?

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Donald Trump’s administration is reportedly planning to unveil its long-promised infrastructure proposal in January, according to The Wall Street Journal. Trump administration officials spoke about the plan’s release as early as March of this year. The president himself said it was largely completed in May, announcing it would be coming in two to three weeks. A themed Infrastructure Week at …

Pennsylvania Construction Union’s Suit Against Contractor’s Surety Alleges Breach of Contract

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A Pittsburgh-based non-profit corporation claims a bonding company has neglected to pay it more than $150,000 in contributions and wage deductions, and has initiated litigation to recover that amount. Operating Engineers Local 66, AFL-CIO & Construction Industry Combined Funds, Inc. of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Nov. 27 versus Allegheny Casualty Company, of Newark, …

California Wage Law To Let Subs’ Employees File Claims Against GCs’ Bonds

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In mid-October, California passed a bill which will make general contractors liable for any unpaid wages and fringe benefits owed to employees of subcontractors. The ruling will go into effect on Jan. 1, and will apply to all private construction projects entered into after that date. Needless to say, the bill was met with resistance on the side of contractors …

Construction: Implications of Classifying Workers As Independent Contractors

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Article by Debra R. Franklin, Esq., SPHR, VP, HR Solutions, Murray Securus Attention construction employers – it’s important you know the Construction Worker Misclassification Act (CWMA) and the implications of classifying workers as independent contractors for workers’ compensation purposes in Pennsylvania. How can an “employer” in the construction industry succeed in not paying workers’ compensation by claiming that the injured person …

Construction Employers Must Provide Paid Family Leave in New York

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Effective January 1, 2018, employees of construction employers (supplies, architects, contractors, and others) working in New York State may be eligible for paid family leave. The NY Paid Family Leave Law (“PFLL”) is both broader than and more narrow than the federal Family and Medical Leave Act. The PFLL applies to all employees employed by private employers in the construction …

Subs Should Avoid Common Mistakes In Managing Lien Waivers

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It’s very easy to make a mistake when exchanging lien waivers on a project, and a lien waiver mistake can be very costly. Most commercial construction companies deal with lien waivers in some form. General contractors must request, collect, and track lien waivers from everyone below them on a project. (And when we say “below them,” we’re not talking about …