Subs On Athletic Apparel Company’s Expansion Seek Recourse For Pay Disputes

Joshua Etemadi Bonds, Construction

Five years in, the ambitious and ever-evolving headquarters expansion at Nike is finally producing the first completed buildings. It’s also left a trail of angry subcontractors. The strikingly modernistic structures taking shape on Nike’s campus near Beaverton have proved difficult and time-consuming to build. Subcontractors and their lawyers claim in court filings the company and its general contractor, Hoffman Construction, have repeatedly modified or broadened the scope of the project while refusing to cover the extra costs. That includes completed work that was ripped out and redone, they say. Get the story here >>>

Resilient Structures, Infrastructure Among 2018’s Trends In Construction

Joshua Etemadi Bonds, Construction

After a robust 2017, commercial construction companies are anticipating an even stronger 2018, with the majority reporting they plan to expand their staffs, according to Dodge Data & Analytics. As professionals seek to map out 2018 and beyond, there are a number of trends shaping the construction industry. Some are evolutions of past years, such as offsite construction and an increasing reliance on technology, and some trends are new, such as a focus on resiliency after the most damaging hurricane season on record and devastating fires in California. Read more here >>>

Clear Contract Language Is Key When GCs Share Risk Of Nonpayment With Subs

Joshua Etemadi Bonds, Construction

Every contract involves the risk of insolvency, and every construction subcontract involves the risk of the owner/developer failing to make the payments that the contractor intends to use to pay its subcontractors. Frequently, general contractors seek to shift this risk onto their subcontractors through the use of clauses which describe payment from the owner to the contractor as a condition precedent to payment to the subcontractor. Simply put, when the contractor is successful in shifting the risk to the subcontractor, the clause is known as “Pay-If-Paid”. If contract language is not sufficient to transfer the risk, the clause is viewed as “Pay-When-Paid”. A Pay-When-Paid clause merely defers the timing of the payment due to the subcontractor until the contractor has …

Contractors Should Ensure Subs, Suppliers Comply With Buy American Act

Joshua Etemadi Bonds, Construction

The federal government has a long-standing pref­erence for incorporating domestic materials and products into public construction projects. While a number of statutes and regulations promote this policy, the Buy American Act of 1933 (BAA) is the oldest and arguably most well-known. The essence of the BAA’s construction provisions sounds simple: the use of foreign-produced materials and products on public construction projects is prohibited. However, a dense web of regulations and statutes interact to create exceptions and exemptions to the BAA’s application, making the BAA one of the most complex bodies of law to comprehend. Those contractors who fail to comply with the BAA’s requirements can face costly legal issues, debarment or, in some situations, criminal investigation and prosecution. With the …

Report: Majority of Contractors Not Utilizing Emerging Safety Tech

Joshua Etemadi Bonds, Construction

Most construction contractors are not utilizing emerging technology such as drones to improve workplace safety, but change is expected as the benefits of using these technologies are proven, awareness grows and their prices start to decrease, according to a new study. The study found that 62% of contractors do not use any of these technologies, which is “no surprise” considering they are still emerging, according to the report by Silver Spring, Maryland-based CPWR-The Center for Construction Research and Training and New York-based Dodge Data & Analytics published Tuesday. Tell me more >>>

DOT Working With Surety To Complete Delayed Bridge Project In Queens

Joshua Etemadi Bonds, Construction

The oft-delayed bridge deck replacement project at the intersection of Metropolitan Avenue and Fresh Pond Road isn’t going to be wrapping up anytime soon.  According to the Department of Transportation, its contract with New Jersey-based firm Mugrose Construction for the project at the Middle Village-Ridgewood border was defaulted, indefinitely delaying construction. “The DOT defaulted the contractor working on the Metropolitan Avenue bridge deck replacement,” an agency spokesperson told the Chronicle in a Wednesday email. “We are working closely with the bonding company to get this project completed as quickly as possible after it suffered delays beyond our control.” Read the article >>>

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

Joshua Etemadi Bonds, Construction, News

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 to dismiss the city of Adrian’s motion for summary disposition in a lawsuit against it by the project’s general contractor, Campbell-Durocher Group Painting and General Contracting LLC, and its principals, Jack and Carrie Campbell. The Court of Appeals reversed Anzalone’s decision to not rule in favor of Auto-Owners Insurance Co. in its lawsuit against the Campbells over bond payments. Read …

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

Joshua Etemadi Bonds, Construction, News

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 Carolina communities. The growing company at that time provided quality craftsmanship, hired and supervised talented employees, and encouraged a sense of pride in their work that is still present today. Read the full story >>>

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

Joshua Etemadi Bonds, Construction, News

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 American Insurance Company of Seattle, Wash. and Wheels Mechanical Contracting & Supplier, Inc. of Elrama. Tell me more >>>