On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of personal jurisdiction in a dispute with a subcontractor over confirmation of an arbitration award. The
Fraudulently Filing Lien Backfires on Contractor
Liens 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 Contracting Webinar
Learn 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 Breach
In 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
Notice Your Lien or Kiss it Goodbye
Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement action as one masonry supplier recently learned. In Timberwall Land & Masonry Products, Inc., the Minnesota Court of Appeals affirmed