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Prompt Pay Act Poison Pills: High Interest and Attorney Fees0
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- January 21, 2019
January 2019 Edition by R. Scott Heasley, Esq., Meyers, Roman, Friedberg & Lewis, LPA Prompt Pay Acts can serve as a blessing or a curse for subcontractors and suppliers. The blessing: If a general contractor refuses to pay for a subcontractor’s work after it has received payment from the owner, the subcontractor can recover 18
READ MOREASA Submits ‘Friend-of-the-Court’ Brief in Ohio Court Case, Urging Court to Limit Awards Greatly in Excess of Legitimate Claims in Breach of Contract Cases0
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- January 21, 2019
January 2019 Edition by American Subcontractors Association ASA, along with The Surety & Fidelity Association of America, submitted a “friend-of-the-court” brief on Jan. 4, 2019, asking the Ohio Supreme Court to limit awards greatly in excess of legitimate claims in breach of contract cases involving multiple defendants. The case—Waverly City School District Board of Education
READ MORETexas Court’s Ruling in Painter Case Poses Problems for Subcontractors That Operate Carpooling Programs0
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- January 21, 2019
January 2019 Edition by Brian K. Carroll, Esq., Sanderford & Carroll, P.C. Recently, the Texas Supreme Court has decided a case that has potentially wide-reaching consequences to any subcontractor that operates a carpooling program. Under the recently decided case of Painter v. Amerimex Drilling I, Ltd., subcontractors can be on the hook for any accident
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The Surprising Case of a Preliminary Notice That Wasn’t0
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- January 21, 2019
January 2019 Edition by R. Russell O’Rourke, Esq., Meyers, Roman, Friedberg & Lewis, LPA Can you serve a preliminary notice too early? In Ohio there is an unfortunate court of appeals case that says YES! The case that misinterprets the Ohio statutory law and truly harms subcontractors and suppliers is the 2010 12th District Court
READ MOREKemper Insurance Case Is Important Because It Can Be Applied Equally to Any State Which Has a Statutory Construction Trust Funds Scheme0
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- January 21, 2019
January 2019 Edition by Jordan R. Pavlus, Esq., Byrne, Costello & Pickard, P.C. It has long been known that a statutory system whereby construction funds are to be held in “trust” for beneficiaries is favorable to subcontractors. There are many reasons for this, but the crux behind it is that payments received by general contractors
READ MOREAmerican Architectural Case Has Potentially Far Reaching Implications on World of Subcontractor Payment Rights0
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- January 21, 2019
January 2019 Edition by Jordan R. Pavlus, Esq., Byrne, Costello & Pickard, P.C. Many states have a statutory scheme whereby a general contractor is required to hold construction monies it receives in “trust” for trust fund beneficiaries. In this respect, the general contractor serves as the trustee and the subcontractor serves as the trust fund
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About FASA
To educate and equip subcontractors and suppliers with the knowledge and resources they need to thrive in the construction industry. Additionally, FASA raises awareness about issues critical to and about construction in the United States.
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