BEV BUTULA: Construction contracts and construction trust fund statutes: A 50-state survey

By: BEVERLY BUTULA//October 25, 2011//

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The law firm of Fullerton & Knowles of Virginia offers a Construction Law Survival Manual on their website.

The manual clearly has a focus on Virginia, Maryland, and D.C. However, the manual does contain a 50-state survey on construction contracts and construction trust fund statutes. This may be a nice starting point if conducting this type of research outside of Wisconsin.

One concern is there is no date or any notation as to when it was last updated, so currency may be issue.

This 50-state survey is an appendix to the manual with the introduction written by a Robert Carney of White, Taylor & Preston in Baltimore. Each state section appears to be written by an attorney who practices in the respective state and answers three primary questions:

1. Enforceability of “pay-if-paid” clauses in construction contracts;

2. Enforceability of “pay-when-paid” clauses in construction contracts, and;

3. Trust Fund Statutes.

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