Client Alerts & Publications
Differing Interpretations of New York’s Prompt Payment Act
Published Date: June 1, 2015
New York’s Prompt Payment Act (PPA) (General Business Law Section 756, et. Seq.) was enacted in 2003, and has remained in its current, amended version since 2009. Yet there have been surprisingly few cases addressing its application and enforcement. It was not until 2014 that the courts issued decisions interpreting the PPA’s procedure for the review and disapproval of invoices [...] Read More
The District of Columbia’s Newly Enacted Public-Private Partnership Act of 2013
Published Date: March 1, 2015
As of March 11, 2015, a bill intended to expand opportunities for Public-Private Partnerships in the District of Columbia is now law. While public-private partnerships are not entirely new to D.C., they have been limited in number by a lack of regulatory guidance. The P3 Act is intended to establish a clear procurement process and make D.C. a viable market [...] Read More
NY’s Public Authorities Law §1744 (2) Is Amended
Published Date: January 2, 2015
For years, the New York City School Construction Authority has denied numerous contractors the opportunity to recover sums due and owing for work performed because they failed to file a formal notice of claim within 90 days of when their damages were ascertainable, even if they didn’t know that the SCA contested their right to payment. That law has finally [...] Read More
Proposed Amendments to Florida Statutes Chapter 558
Published Date: January 1, 2015
The Associated General Contractors of America (“AGC”) will be seeking passage of a bill in 2015 which amends Chapter 558, Florida Statutes, Florida’s “Notice and Opportunity to Cure” statute. House of Representatives Bill 87 (“HB 87”) was filed in the Florida House of Representatives on December 9, 2014. The House sponsor for HB 87 is Representative Kathleen Passidomo, an attorney [...] Read More
Construction Manager More at Risk?
Published Date: November 1, 2014
In Coghlin Electrical Contractors, Inc. v. Gilbane Building Co., et al, No. 2013-1300-D (Mass. Sup. Ct., June 24, 2014) (Davis, J.), the Massachusetts Division of Capital Asset Management on behalf of the Massachusetts Department of Mental Health (“Owner”) contracted with Gilbane Building Company (“CM”) to manage the construction for a psychiatric facility pursuant to a CM@R agreement. CM subcontracted the [...] Read More