Oregon Lien Law – Traps for the Material Supplier
By: William Fig, Partner, Sussman Shank Everyone involved in the construction industry should be generally aware of the technical, statutory quagmire that is Oregon construction lien law, ORS Chapter 87.001, et. seq. The most known requirements are the deadlines for lien notices, the recording of a lien, and the foreclosing of a lien that must […]
General Contractors are Enforcing Statutory Right to Inspect Subcontractor Payroll Records
Written by: Christopher Ng Yes, California’s Assembly Bill 1701 was a doozy. For those of you not yet familiar with the new law, to make a long story short, AB 1701 makes a direct contractor (California speak for “general contractor”) jointly liable for the unpaid wages, fringe benefits, or other benefit payments or contributions of […]
New Federal Law Allows Consumers to Place Free Credit Freezes And Yearlong Fraud Alerts
Starting September 21, 2018, consumers who are concerned about identity theft or data breaches can freeze their credit and place one-year fraud alerts for free. Under the new Economic Growth, Regulatory Relief, and Consumer Protection Act, consumers in some states – those who previously had to pay fees to freeze their credit – will no […]
Retention Not Withheld in California Case Where Dispute Existed
In 2010, Universal City (Universal) hired Coast Iron & Steel Co. (Coast Iron) to build a new ride at the Universal Studios Hollywood. Coast Iron subcontracted the installation of the metalwork to United Riggers & Erectors, Inc. (United Riggers). The initial subcontract between Coast Iron and United Riggers was for $722,742, but was increased by […]
Construction Law Not ‘One-Size-Fits-All’
Private and public construction laws across the United States are two sides of the same coin. The state statutes are similar yet different but often vary greatly. Even within the same state, laws differ depending on the type of project (private, public, commercial or residential). Construction creditors need to be on the lookout for several […]
Book Review: Survival Guide to Bankruptcy for In-House Counsel
By: Rod Wheeland, CCE NACM Commercial Services Judy D. Thompson and Glenn C. Thompson, Survival Guide to Bankruptcy for In-House Counsel, American Bankruptcy Institute, 2017. This book might readily be entitled Survival Guide to Bankruptcy for Trade Credit Management. The content includes an overview of bankruptcy and the various chapters usually seen by trade creditors; […]
Is Your Business Compliant with New Washington Sales and Use Tax Requirements?
By Lauren M. Visoria Miller Nash Graham & Dunn LLP On April 17, 2018, the U.S. Supreme Court will hear a case called South Dakota v. Wayfair, Inc. The outcome of this case will affect both small and large businesses across the country, as well as the typical online consumer. In short, the case deals […]
Chapter 15: Delaware Court Sends United States Creditor Packing … to Italy
By: David H. Conaway, Shumaker, Loop & Kendrick, LLP In the Chapter 15 proceeding of Energy Coal S.p.A., the Delaware Bankruptcy Court required a United States creditor to recover its claim in Italy. Because there is no uniform global insolvency law, and each world country has its own insolvency law, The United Nations Commission on […]
Attorney General Rescinds Guidance on Prosecution of Marijuana Activities—What it May Mean for You
By: Victor J. Roehm, Sussman Shank LLP – Partner, Banking and Finance Group Chair Republished with permission from Sussman Shank In a Memorandum to all attorneys in the Department of Justice dated Thursday, January 4th, Attorney General Jeff Sessions rescinded all prior guidance related to the enforcement of the Controlled Substances Act with respect to marijuana-related activities. […]
The U.S. Supreme Court is Set to Rule on Yet Another Credit Card Topic and What it Means to the Credit Team
By: Scott Blakeley In March of this year, the U.S. Supreme Court made a significant ruling finding that New York no-surcharge violated commercial free speech. The U.S. Supreme Court has on its docket the legal issue whether suppliers accepting multiple card brands may steer card paying customers to a cheaper card brand, thereby trying to […]