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State Construction Forum-Selection Laws Still Standing After U.S. Supreme Court Ruling

In a victory for construction subcontractors, the U.S. Supreme Court preserved the 24 state laws limiting the validity of forum-selection clauses in construction contracts in its ruling on Dec. 3 in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, et al. ASA filed an amicus brief in […]

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Lien Law Alert: ASA Allowed To File Brief In Minnesota Bond Claim Case Before Supreme Court

Earlier last month we reported on a controversy Minnesota Appeals decision where a bond claim was harshly invalidated based on a technicality whereby the claim was sent to a general contractor’s principal address but not the address listed for the contractor within the bond itself.  That case – Safety Signs, LLC v. Westfield Insurance Co. […]

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Lien Law Alert: Bond Claim Invalidated Based On Tiny Technicality In Minnesota

In Safety Signs LLC v. Westfield Insurance Co, the Minnesota Appeals Court issued a decision that feels clearly wrong. In response, the case was appealed to the state’s highest court, and the American Subcontractors Association has submitted an application to file an Amicus Curiae brief requesting that the appeals decision get overturned. While this case should […]

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Oklahoma’s Little Miller Act Now Applies To Private Construction on Public Land

Today, the Oklahoma governor signed Senate Bill 1053 (SB 1053) into law, which enacts a tiny change to Oklahoma’s Little Miller Act that can make a significant difference to the state’s bond claim laws. The change effectively makes the state’s Little Miller Act (governing bond claims against state projects) applicable to private construction projects whenever they […]

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U.S. House Bill Looks To Fix Problem with Miller Act Bonds

The U.S. Miller Act protects subcontractors and suppliers against non-payment when furnishing materials or labor to a federal project. But does it really?  That’s what is subject to debate in the United States House of Representatives, where the “Security in Bonding Act of 2011″ (HR 3534) is being considered. As we’ve discussed ad nausea here on the […]

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Priority of All North Carolina Liens in Jeopardy with Pending Appeals Case

We’ve talked about “Lien Priority” in the past, and that’s because lien priority is extremely important.   When it comes down to the brass tacks, the priority of your lien (over other liens) is critical in whether the lien gets paid or not. North Carolina’s Priority Rules Every state treat its lien holders differently.   In some […]

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