Oct 21, 2013

Mississippi’s Stop Payment Notice Statute Found Unconstitutional

Authored By: Darren Rowles and Scott Cahalan In several states, including Mississippi, California, Arizona, New Mexico, and Washington, subcontractors and suppliers are used to filing a “stop notice” or “stop payment notice” when they are not paid for work performed at a project.  See also North Carolina (lien on funds).  However, the recent holding in Noatex Corp. v. King Constr. of Houston, LLC, 2013 U.S. App. LEXIS 20656, 14-15 (5th Cir. Oct. 10, 2013), calls into question the constitutionality of stop notice statutes and the remedies they provide to lower-tier contractors and suppliers. A stop notice is a notice to… Read more

Sep 18, 2013

Can You Arbitrate Where You Want To?

Authored by: Darren Rowles A forum selection clause is a contractual provision designating a certain state or court as the jurisdiction in which the parties will resolve disputes arising out of their contract.  These clauses are very common in the construction industry.  Just as common are agreements to arbitrate disputes arising out of the contract, which may also select where the dispute will be heard.  If, for example, a Georgia company enters into contracts to perform work outside of the state, it might still want its contract to include a provision indicating that all disputes relating to the contract are… Read more

Sep 4, 2012

USDA Backs Development of Advanced Biofuels

The U.S. Department of Agriculture announced last month that it will guarantee a loan to support the development of advanced biofuels production from energy grasses. The loan funds will be used to construct a 20 million gallon per year refinery in North Carolina that will produce biofuel using non-food biomass feedstocks.  The project is expected to help reduce the nation’s dependence on foreign oil, increase farm income, and create jobs in the mid Atlantic region.  Local farmers will also directly benefit from the project through the sales of newly established energy grasses to the biorefinery.  It is estimated that about 30,000… Read more