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Category Archives: Prompt Payment Act
Under California’s Prompt Payment Statute, a Direct Contractor May Not Withhold Retention From a Subcontractor Simply Because a Dispute Exists Between the Parties. To Allow Withholding, the Dispute Must Relate Directly to the Specific Retention Amount Due.
United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., 2018 Cal. Lexis 3510 (May 14, 2018) This post was published in the August 16, 2018 issue of eNews published by National Association of Credit Management (NACM). In 2010, Universal … Continue reading
Under Louisiana Payment Act, Once Contractor Meets Contractual Requirements for Final Payment, Public Entity Has a Duty to Issue Final Payment and Has No Discretion to Withhold Payment Based on a Separate Claim Against Contractor
Woodrow Wilson Constr. LLC v. Orleans Par. Sch. Bd., 2018 La. App. LEXIS 762 (April 18, 2018) The Orleans Parish School Board (“OPSB”) awarded a prime contract to Woodrow Wilson Construction (“WWC”) for the construction of a new elementary school (the “Project”). … Continue reading
Supreme Court of Pennsylvania Holds That Under Prompt Payment Act, Imposition of Penalty and Attorneys’ Fees Is Discretionary, Not Mandatory, Upon Finding of Bad Faith
Scott Enters., Inc. v. City of Allentown, 2016 Pa. LEXIS 1503 (Pa. July 19, 2016) The Supreme Court of Pennsylvania reversed an order of the Commonwealth Court and held that the prompt payment provisions of the Commonwealth Procurement Code, 62 … Continue reading
Supreme Court of Pennsylvania Holds Contractor and Subcontractor Payment Act (“CASPA”) Inapplicable to Public Works Projects
Thomas J. Madigan, Partner Kristopher Berr, Associate Clipper Pipe & Service, Inc. v. The Ohio Cas. Ins. Co., 2015 Pa. LEXIS 1275 (PA June 15, 2015) The Supreme Court of Pennsylvania held that CASPA, 73 P.S. §§501-516, “does not apply … Continue reading
Analysis: Prevailing Party In Jury Trial Finds Uncertainty In Remedies Available Under Pennsylvania Contractor And Subcontractor Payment Act
Richard W. Foltz, Jr. Pepper Hamilton LLP, Partner Jeffrey R. Mullen Pepper Hamilton LLP, Associate An amended version of this post was published in the March 16, 2015 AGC Construction Law in Brief, the weekly newsletter for the Associated General … Continue reading