Blog Post
By Gregory M. Boucher

A recent Massachusetts trial court decision ruled that any objections to a payment application are waived unless a reviewing owner or contractor strictly follows the Massachusetts Prompt Payment Statute, Prompt Payment Act, G.L. c. 149, § 29E, which applies to most projects with a prime contract worth more than $3 million. See Tocci v. IRIV Partners, LLC, et al., Suffolk Superior Court, 1984CV000405 (November 19, 2020). 

Blog Post
By Sunu M. Pillai

In a unanimous decision, the U.S. Supreme Court recently ruled that a non-signatory to an agreement requiring arbitration for disputes might be able to compel arbitration under state law equitable estoppel arguments. The decision held that the New York Convention (“Convention”) does not conflict with the enforcement of arbitration provisions in agreements by non-signatories under domestic-law equitable estoppel doctrines. See GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, No. 18-1048, 2020 WL 2814297 (U.S. June 1, 2020). This decision aligns the U.S. with the majority of countries that have adjudicated the issue, which often arises in international construction disputes.

Blog Post
By Brandon A. Brauer

On May 26, 2020, the Court of Appeals of Maryland (Maryland’s highest court) held that where one of the two parties to an AIA contract sues or settles with a third party, the AIA contract’s mutual waiver of subrogation precludes that third party from claiming a right of contribution against the other contracting party. See Gables Construction, Inc. v. Red Coats, Inc. et al., No. 397964-V, 2020 WL 2731087 (Court of Appeals (Md.) May 26, 2020). The appellate court reversed the lower court’s decision, on which we previously reported last year.

Blog Post
By Kevin M. Levy

Unlicensed contractors in Georgia recently were dealt a blow by the state's Court of Appeals when three judges held that a contractor's failure to possess a valid state contractor's license precluded the contractor from bringing a lawsuit for unpaid fees. In Fleetwood v. Lucas, __ S.E.2d __, 2020 WL 1149734 (Ga. Ct. App. March 10, 2020), a panel of judges ruled against a contractor, who completed extensive repair and renovation work on two properties, because the contractor was not properly licensed by the state government.