Welcome to the January 2014 edition of the Construction Law Update, an e-publication that features articles authored by the attorneys in Barnes & Thornburg LLP's Construction Law practice group.
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A recent United States Court of Federal Claims decision may have opened the door for government contractors to successfully challenge a termination for convenience. Learn more about how the court ruled in TigerSwan, Inc. v. United States, 110 Fed. Cl. 336 (2013).
Minnesota Supreme Court Rejects “Integrated Analysis” for Determining Priority of Mechanic’s Liens
The Minnesota Supreme Court has rejected an attempt by the Court of Appeals to impose a new “integrated analysis” for determining whether a mechanic’s lien has priority over a mortgage when work is performed both before and after a mortgage is recorded. Learn more about the facts of this case and the reason behind the Supreme Court’s ruling.
Substantial Compliance with Mechanic’s Lien Statutes is Sometimes Sufficient
By Timothy J. Abeska
Mechanic’s lien statutes are often strictly construed, but recent cases decided by Indiana and Michigan courts show that, under certain circumstances, substantial compliance with statutory requirements is sufficient to preserve lien rights.
The Ohio Supreme Court is poised to decide a dispute between a general contractor and subcontractor over a clause that allows the general contractor to withhold certain payments to a subcontractor because the owner did not fully pay the general contractor. Read more about the critical clause and what it means for parties.
About Our Group
Property owners, real estate developers, contractors and others involved with construction projects often need sophisticated legal counsel who know construction. Comprised of attorneys from our offices in Atlanta, Chicago, Indiana, Los Angeles, Michigan, Minneapolis, Ohio, and Washington, D.C, the Construction Law Practice Group at Barnes & Thornburg LLP provides legal support for clients that are embarking on, or have issues related to virtually any kind of real estate development or construction project.
For more information about the group, contact Clifford J. Shapiro, Chair of the Construction Law Practice Group, or any of the group attorneys in the following offices: Atlanta (404-846-1693), Chicago (312-357-1313), Columbus (614-628-0096), Elkhart (574-293-0681), Fort Wayne (260-423-9440), Grand Rapids (616-742-3930), Indianapolis (317-236-1313), Los Angeles (310-284-3880), Minneapolis (612-333-2111), South Bend (574-233-1171), Washington, D.C. (202-289-1313).
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This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.
