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Jackson S. Nichols is an Associate in the Firm's Commercial Litigation and Construction Groups. In his construction practice, Jackson advises general contractors, subcontractors, sureties, owners, and other construction industry entities in navigating complex commercial disputes that arise during projects. As a member of the firm’s Commercial Litigation Group, he helps clients develop solutions for their business disputes. Jackson represents clients in every stage of litigation, including motion practice, discovery, pre-trial preparation and trial practice, and appeals.

I hope you enjoyed my recent webinar on payment techniques for contractors in DC, Maryland, and Virginia. If you missed it, you can access the recording here. Below are some of the highlights:

Payment Techniques

Traditional payment techniques for contractors include asking for payment in writing with a list of your claims. Such letters can serve as important documentation to establish that your claim was asserted and that you complied with contractual notice provisions. If you later end up in court, it can show that you attempted to work things out.

For additional leverage, mechanic’s liens are a great tool to increase bargaining power during negotiations on private jobs. For federal and state jobs, you must file a bond claim (mechanic’s liens generally are not available on such jobs). Washington, DC and Maryland also have prompt pay statutes that can provide additional leverage on private jobs because they allow the contractor to recover attorney’s fees and interest on unpaid amounts.


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Effective October 1, 2018, general contractors with projects in Maryland will have a new headache to deal with. That’s when Maryland’s new law, the General Contractor Liability for Unpaid Wages Act, will go into effect. Under the Act, GCs will be jointly and severally liable for the failure of any subcontractors on the GC’s project to comply with Maryland’s existing wage and hour law. GCs will have to ensure that all of their subcontractors (including any sub-subcontractors or other firms they hire) pay their employees in accordance with Maryland law.
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The developers of the Wharf, an ongoing waterfront development at 1100 Maine Avenue SW in Washington, D.C., recently announced that they have secured $113 million of debt financing for the project. PN Hoffman and Madison Marquette, the project’s developers, will use the financing to pay for the construction of two new hotels, the 175-room Canopy by Hilton and the 237-key Hyatt House hotel, scheduled to open later next year. SunTrust Bank and M&T Bank will provide the financing.

The announcement is the latest step in an ambitious plan to transform approximately 25 acres along a mile of waterfront of the nation’s capital into a desirable, livable destination complete with hotels, condos, rental housing, retail, and restaurants.


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