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David Pugh represents owners, general contractors, subcontractors, engineers, architects, insurance companies and sureties throughout the United States. He advises clients at every stage of a construction project: conception, planning, performance and closeout. David drafts and negotiates contracts for several large scale projects, and he participates in trials, hearings, appellate arguments, mediations and arbitrations in Alabama, Georgia, Florida, Mississippi, New Jersey, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas and Mexico, among others.

Fraudulently Filing Lien Backfires on ContractorLiens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a construction contract. When utilized properly, filing a lien may induce an owner to release funds that are undisputedly owed to the lienor. However, when a party’s lien filing is delinquent or defective, and the party

Cybersecurity Health & Compliance: Best Practices in Commercial Business & Government ContractingLearn how to protect critical data assets through basic cybersecurity hygiene, including email and password security and social media best practices. Other topics to be addressed include insider thread preparedness, cybersecurity and privacy issues in the remote work environment. In addition, government regulations and compliance topics, such as the coming Cybersecurity Maturity Model Certification and

Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material BreachIn most jurisdictions, a party may be excused from any future performance under a contract by the prior material breach of the other party. A “prior material breach” is typically defined as conduct that deprives the injured party of the benefit that it reasonably could have anticipated from the breaching party’s full performance. This excuse