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Dorsey Infrastructure Alert No. 1

This is the first of several Alerts that will address the two pending infrastructure bills currently being considered by Congress. While there remain several procedural steps for either initiative to become law, we believe...more

Suez Canal Blockage to Cause Lasting Construction Delays and Owner-Contractor Disputes

The six-day saga of the Ever Given came to an end on the afternoon of Monday, March 29, when the 1,300-foot cargo ship was finally dislodged from the banks of the Suez Canal. However, with over 300 ships waiting for passage...more

Are Your Business and Construction Project Essential at This Time?

With COVID-19 emergency orders in place, can you continue construction?  This question is addressed on a jurisdiction-by-jurisdiction basis, evaluating the text of the emergency order to assess whether construction projects,...more

The Defense Production Act: The Obscure Law that Industry and Government Should be Talking About Today (and for the Foreseeable...

As policy-makers and industry look for responses to the COVID-19 crisis, one tool is in plain sight: the Defense Production Act of 1950 (the “DPA”).  The DPA, already on the books, is tailor-made for the national effort...more

Avoiding the Storm After the Storm - 10 Things the Construction Industry Should Do Right Now to Move Projects Forward After Harvey...

Hurricanes Harvey and Irma once again have forced the construction industry to focus on best practices for responding to force majeure events. Now is the time to put into action an effective recovery plan with the aim of...more

Do Minnesota Municipalities Have the Authority to Source Public Works Contracts Using the Construction Manager at Risk Delivery...

Recently, at least two experienced attorneys, one who represents contractors and the other who primarily represents public authorities, have published position papers opining whether Minnesota municipalities have the power...more

CEO of World Trade Center contractor found guilty of fraud by misstating compliance with Port Authority’s minority- and...

Public entities at the Federal, state, and local levels set aside contracting opportunities, provide preferential price treatment, or otherwise grant favorable treatment to contractors (1) owned by veterans, women,...more

Settling Parties Beware: Failing to Provide Notice to Your Insurer Before Settling May Doom Your Chance of Recovery

On April 25, 2016, the Colorado Supreme Court issued a decision in Travelers Prop. Cas. Co. v. Stresscon Co. Stresscon, a subcontracting concrete company, entered into a settlement agreement – without providing notice to its...more

House Transportation Committee P3 Panel Calls for Central P3 Office

Introduction & Background - On September 17, 2014, the Transportation and Infrastructure Committee’s Panel on Public-Private Partnerships, a special panel of the US House of Representatives, issued a report in which it...more

North Dakota Supreme Court Establishes Defense to “No Damage for Delay” Clause

In June 2014, the North Dakota Supreme Court issued its decision in C&C Plumbing & Heating, LLP v. Williams County et al, No. 20130297. The Court articulated a new defense to the application of a “no damage for delay” clause....more

Minnesota Legislature Establishes New Requirements for Public Contractors

On May 16, 2014, the Minnesota Legislature enacted a new statute that sets out several criteria for contractors bidding on public construction projects. The statute is effective as of January 1, 2015, and attempts to enhance...more

Minnesota Court of Appeals Applies Common Law Procurement Principles to Best Value Contracting

In April 2014, the Minnesota Court of Appeals issued a published decision clarifying certain aspects of state procurement law. In Rochester City Lines, et al., v. City of Rochester, et al., No. A13-1477, the Court held that...more

Minnesota Supreme Court Tolls Payment Bond Deadlines for Fraudulent Concealment

On April 2, 2014, the Minnesota Supreme Court confirmed that fraudulent concealment of a cause of action by a principal on a surety bond will toll a contractual limitations period for claims against the surety. The Court’s...more

4/7/2014  /  Bonds , Fraudulent Concealment

Minnesota Court of Appeals Defines Substantial Completion Under Statute of Repose

On March 10, 2014, the Minnesota Court of Appeals issued its decision in Rosso v. Hallmark Homes of Minneapolis, Inc., No. A13-1304. The Court’s decision clarifies that Minnesota’s ten-year statute of repose for construction...more

EPA Requiring Best Practices at Construction Sites to Control Erosion

The EPA published a final rule on March 6th that clarifies the requirements for the construction industry to use best management practices (BMPs) to control stormwater and minimize soil erosion and pollutant discharges. The...more

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