50 State Summaries
Kegler Brown has studied the key construction law issues, such as lien and bond claims, contingent payment and retainage in the 50 states, and has prepared summaries on these important subjects to assist those doing business in multiple jurisdictions.
Forum selection clauses exist in almost every construction contract, sometimes requiring that project participants travel across the country to chase recovery of their money. Learn what states attempt to ban such clauses and mandate litigation or arbitration in the state where the project is located.
Indemnity, Hold Harmless and Additional Insured provisions can shift the risk on a construction project to a party who is not negligent, and therefore are frequently considered unfair. Learn what states restrict such risk shifting or make certain indemnity provisions unenforceable.
The difference between a “pay-when-paid” clause and a “pay-if-paid” clause often makes the difference between a subcontractor getting paid or not. Learn what states ban “pay-if-paid” clauses and what the law is concerning contingent payment in that jurisdiction.
Construction contractors, subcontractors and suppliers are uniquely empowered to protect their right to payment with the security provided by mechanic’s liens. Learn what actions are necessary to protect and perfect lien and bond rights, and the applicable time deadlines, in every state.
Many states require prompt pay to contractors and subcontractors regardless of how the contract reads. Learn when payments must be made to avoid interest or legal fees.
As payment is the lifeblood of any contractor or subcontractor, the law regarding retainage is of great interest. Learn whether the state in which you are doing business limits retainage.
These materials were prepared by our firm at the request of the American Subcontractors Association and are available at www.asaonline.com.
The American Subcontractors Association amplifies the voice of and leads trade contractors to improve the business environment for the construction industry and to serve as a steward for the community. The ideals and beliefs of ASA are ethical and equitable business practices, quality construction, a safe and healthy work environment, integrity and membership diversity.
The Foundation of the American Subcontractors Association, Inc., a section 501(c)(3) organization under the U.S. Internal Revenue Code, is the educational arm of ASA. FASA is an independent entity devoted to development of quality educational information, providing financial support to develop manuals, videotapes, CD-ROMs, seminars and other materials.