Construction Updates

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Developers Beware – Court of Appeal Clarifies the Effect of a Breach of the Sale of Land Act

In Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75, the West Australian Court of Appeal has considered the legal consequences of a developer entering into off the plan contracts in breach of Section 13 of the Sale of Land...more

Mississippi's New Construction Lien Law

On Friday, April 11, 2014, Governor Bryant signed Senate Bill 2622 and thus made that bill the new construction lien law, effective immediately, applicable to public, private and residential construction works in Mississippi....more

We have beer! (Marketing Tip)

I saw this sign outside the Jacksonville, North Carolina regional airport. For those of you who don’t know, Jacksonville is home to Camp Lejeune, a Marine Corp base. Many of the passengers are coming from or going to the...more

A Timely Reminder From the CSLB and a Funny Acronym to Boot

Growing up in Sacramento, California I remember it being so hot that you could feel your tennis shoes stick to the asphalt on the playground. As California enters it’s worst drought in 119 years concern over water has...more

Sometimes the Real Fight is Before the Fight

One of the things I learned while lobbying in Washington, D.C. is the importance of the House Rules Committee. The Rules Committee, as its name suggests, sets the rules. Specifically, the scheduling of bills, the allotted...more

Indiana: New Home Warranties Must Be Insured

When faced with a subrogation loss involving a new or fairly new house, and a potential construction defect that caused the loss, one of the first things to look for is how warranties can help or hurt your case. Did the...more

Supreme Court Ruling On Asset Forfeiture — Assumes Guilt Until Defendants Prove Their Innocence

Kerri and Brian Kaley were investigated for stealing medical devices and laundering money they earned from sale of the stolen property. The Kaleys arranged for an equity loan to pay for their defense counsel. ...more

Federal Agency Approvals Beyond the Scope of the Migratory Bird Treaty Act

In the last month, two separate federal district courts have declined to extend the scope of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 (MBTA), to federal agency approvals of projects that plaintiffs alleged could...more

Indiana Achieves Commercial Close on its Second Availability Payment P3

Indiana closed its second availability payment-based P3 project, the I-69 Section 5 project. "Section 5" is the fifth of six planned sections to link Evansville, Indiana with Indianapolis. The RFQ for Section 5 was...more

Did you know? Recent changes in the law that may impact your construction projects in the Southeast.

Forum Selection Clause - The U.S. Supreme Court recently held that forum selection clauses should be upheld in most circumstances. Have you used a forum selection clause in your contracts which would maximize the...more

Insurance Recovery Law

Suit Alleging Drug Distributor Was a “Pill Mill” Requires Defense - Why it matters: A Kentucky federal court held that the claimed impact in a suit brought by the West Virginia Attorney General – alleging that...more

That’s Not The Way We’ve Always Done It! (Why You Should Update Your Office Practices)

Anyone recognize the photo to the left? If you are of the Millennial generation, this is a quaint thing called a public pay phone. They used to be everywhere. Imagine, not having a cell phone to keep you in constant...more

Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

Buyers Beware: Little Known Pittsburgh Building Code Ordinance Can Present Expensive Problems

Commercial property buyers, landlords and tenants should be aware that a little known City of Pittsburgh ordinance requires building owners to conduct periodic inspections of building façade exteriors in the City. Many...more

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

Significant Changes Made By ROC To Its Complaint And Hearing Process

For the last 25 years, the Arizona Registrar of Contractors’ enforcement procedures have been best described as “complainant driven.” That is, the ROC typically deferred to the claimant (usually a homeowner) as to whether a...more

Florida High Court Liberally Construes Self-Insured Retention Endorsement

On February 6, 2014, the Florida Supreme Court took a liberal view of self-insured retentions (SIRs) and held that an insured can apply indemnification payments from a third party to satisfy its SIR under a general liability...more

The Registrar is Changing the Game for Complaints Against Arizona Contractors

Sweeping changes at the Registrar of Contractors have the construction and real estate industries concerned and curious. The Registrar recently received some poor performance reports by the Auditor General and State...more

California Authorizes Alternative Procurement Method for Public Construction Projects

Counties Can Now Use Construction Management At-Risk - Effective January 1, 2014, all California counties are expressly authorized to use the “construction management at risk” project delivery method (CMAR) for any...more

Senate Finance Committee Passes Bill to Extend Certain Lapsed Tax Breaks

The Senate Finance Committee passed the Expiring Provisions Improvement Reform and Efficiency Act (EXPIRE Act) on April 3, 2014. The legislation would renew through 2015 more than 50 tax incentives that either have lapsed or...more

Business Court Makes North Carolina Safe For Construction Lawyers

Construction lawyers in North Carolina can breathe a sigh of relief. On Friday of last week, the Business Court ruled that the service of on-line service provider Lienguard in preparing claims of lien constitutes the...more

Cities Alive: The Future of Green Infrastructure

If you follow the construction industry you know that green is the new gold. As well as LEED bronze, silver and platinum. Green building, which not long ago conjured images of hippie architects and wealthy eccentrics,...more

Developers Turn to Tax Opinion Insurance to Solve the “Starting Physical Work of a Significant Nature” PTC Eligibility Issue

Industry reports suggest that three developers have purchased tax opinion insurance to provide financial assurance to tax equity investors that their projects will be production tax credit (“PTC”) eligible. Use of this...more

Davis-Bacon CityCenterDC Case

In a recent decision out of the U.S. District Court for the District of Columbia, Judge Amy Jackson held that the Davis-Bacon Act (“Davis-Bacon”) did not apply to a privately-funded development of privately-maintained...more

City Fails to Adequately Mitigate "Urban Decay" and Energy Impacts of Big Box Retail Project

In the latest decision addressing challenges to "big box" projects under the California Environmental Quality Act ("CEQA"), on February 28, 2014, the California Court of Appeal invalidated the approval of a retail project in...more

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