Laws are made in the courts and also in the legislature.  We have on multiple occasions drafted legislation in Missouri designed to “fix” bad law made in the Courts or to address abuses growing out of industry practices.  We served as a principal draftsman for the following legislation:

  • Landmark Retainage legislation allowing contractors at all tiers to substitute bonds for cash retainage.
  • Legislation outlawing broad form indemnification clauses where one party could require another party to indemnify the first party for damages sustained by the first party caused by the first party’s own negligence.
  • Legislation declaring that a “contingent payment clause” is not an impediment to a subcontractor’s mechanic’s lien.
  • Legislation allowing remote suppliers “at any tier” to file claims on payment bonds on public works projects in Missouri.
  • Legislation requiring payment bonds to be posted by private developers on projects owned by the government to be used for private or non-governmental purposes, e.g. projects supported with Tax Increment Financing.  This law gives general contractors, subcontractors and suppliers  payment bond protection instead of mechanic’s lien rights.
  • Legislation allowing recovery of attorneys’ fees in construction project disputes.