Construction Updates

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
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Righting a Wrong in West Virginia – The Residential Construction Right to Cure

In residential construction, problems can arise with customers that cause expensive litigation. In West Virginia, a right to cure in residential construction by statute can alleviate such costs. The statutory term is...more

Letters of the Law: 'J' is for Jurisdiction

The first step when you cannot resolve your dispute is the "jurisdiction" clause in your contract. In some contracts the jurisdiction clause has been ferociously reviewed, considered and negotiated. Other contracts completely...more

The 411 on the New 415 Location of the Golden State Warriors

You can feel the buzz here in the Bay Area as the Golden State Warriors enter Game 4 of the NBA Playoffs following a 35 point upset over the Houston Rockets on Saturday, and a chance tonight to sweep the series and head to...more

Upheld: Injured Subcontractor’s Lent Employee Has No Claim Against Landowner or General Contractor After Choosing Workers’...

In Lee v. M and H Enterprises, Inc., — P.3d —- (decided Apr. 21, 2015), the Arizona Court of Appeals recently clarified why, in most cases, landowners and general contractors are not liable when subcontractor employees are...more

Virginia Legislation Significantly Impacts Construction Industry

At its recently-concluded 2015 Regular Session, the Virginia General Assembly passed legislation which will significantly affect those persons who deal with potential mechanic’s lienors. The revision to section 43-3 of the...more

Recent Court Ruling Affects AZ Subcontractors and Suppliers

A recent decision from the Arizona Court of Appeals holds that preliminary 20-day notices served on bonded projects under the Little Miller Act (“LMA”), A.R.S. § 34-223(A), must be served by registered or certified mail. As a...more

The Texas Department of Transportation and Lane-Abrams Joint Venture Reach Agreement on the State Highway 360 Project

On May 15, 2015, the Texas Department of Transportation (TxDOT) and Lane-Abrams Joint Venture (DB Contractor) entered into a design-build contract (DBA) and associated comprehensive maintenance agreement (COMA) for the...more

Interaction between on-demand bonds and the underlying contract revisited by the English High Court

Introduction - From our previous alerts, which can be found here and here, we know that bonds and guarantees are complex instruments, the consequences of which depend not on what they are called, but their terms, the...more

OSHA Announces New Rules for Confined Spaces (Effective August 3, 2015)

On May 4, 2015, the United States Occupational Safety and Health Administration (OSHA) published a new final rule in the Federal Register intended to increase protection for construction workers in confined spaces (e.g.,...more

As Drones Hit the Sky, Lawsuits Predicted to Fly

The rise of Unmanned Aerial Vehicles (“UAV”), also known as drones, is well-documented. In fact, the global market for non-military drones has recently been estimated as a $2.5 billion industry that is growing at...more

Santa Paula’s Water Recycling Facility Purchase Caps Successful Public-Private Partnership

The City of Santa Paula’s decision to purchase its much-touted and award-winning water recycling facility highlights how this pioneering public-private partnership project has proven to be a triumphant model of risk...more

Construction Corner: Preparing RFQs and RFPs for Design Services for Your School Construction Project

Last week, we discussed the requirements of the selection process for the architect of a state-assisted school construction project as well as the importance of procurement protocols for all projects regardless of the source...more

Michigan Court of Appeals Reverses Lower Court, Finds An Express Contract

The Michigan Court of Appeals recently reversed a lower court in a contractor-subcontractor dispute, requiring analysis of the contract and unjust enrichment doctrines. In the unpublished decision, Lawrence M. Clarke, Inc. v....more

Federal Court Determines that General Contractor’s Unreasonable Exercise of its Broad Discretion over Scheduling and Sequencing of...

In a recent decision, Elec. Contractors, Inc. v. Fid. & Deposit Co. of Maryland, No. 3:13-CV-00514 MPS, 2015 WL 1444481 (D. Conn. Mar. 30, 2015), the United States District Court for the District of Connecticut dismissed on...more

Construction Case Law Update - May 2015

Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the...more

The Construct - May 2015

In This Issue: - Construction Contract Claims Against a Third-Party Lender? The Unforeseen Consequences of a Standard Practice: For those of us who commonly represent lenders, there is nothing more unsettling...more

Tennessee Legislation Wrap Up: What You Need to Know Before July 1st

We have previously updated you on Tennessee's new "non-retaliation for the lawful possession of a firearm" law which will go into effect on July 1, 2015. However, now that the State Legislature has wrapped up its 2015...more

Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

Cemex v. Falcone Bros. On April 30, 2015, Arizona’s most common construction industry practice for serving a Preliminary Twenty Day Notice (“Prelim”) on an Arizona public project — first class mail with certificate of...more

Letters of Intent: What Do They Really Do?

A construction project usually contains a web of contractual relationships, such as between owner-contractor, contractor-subcontractor, subcontractor-supplier, owner-architect, architect-engineer, and so forth. To make things...more

Project Management Firm Not Liable for Subcontractor’s Injuries

The Suffolk (MA) Superior Court, in Rodrigues, et al. v. Tribeca Builders Corp., et al. (Civil Action No. 13-00730-C), recently granted summary judgment to a project management firm retained by a property’s landlord/owner,...more

State May Not Disclose Trade Secrets Submitted as Part of RFP Response

If you have ever agonized about whether to include certain confidential business information in a bid for a state contract in New Hampshire because of concerns that your competitors might get their hands on it, you should...more

Governor Signs Legislation Ending the Development of Regional Impact Program for New Development

On Thursday, May 14, 2015, Governor Scott signed into law CS/CS Senate Bill 1216, now Chapter 2015-30, Laws of Florida. This historic piece of legislation eliminates the Development of Regional Impact (DRI) process...more

PHMSA Steps Up Review of Pipeline Construction

Enforcement Focus on 60-Day Notification Requirement - The Pipeline and Hazardous Materials Safety Administration (PHMSA) has stepped up enforcement efforts concerning pipeline and LNG terminal construction....more

Eleventh Circuit Mops the Floor With Invalidity Ruling: Faux-Hardwood Gets Copyright Protection

Last year, the District Court in Home Legend v. Mannington Mills gave three reasons for its holding that the designs on faux-hardwood flooring material, which are intended to look like real maple floors, were not subject to...more

Malicious Prosecution – Plaintiff Must Prove Element of Favorable Termination of Entire Underlying Action Before Bringing...

Lawrence Pasternack v. Thomas B. McCullough, Jr. et. al. - Court Of Appeal, Fourth District (April 17, 2015) - In a malicious prosecution action, the plaintiff must plead and prove that the prior judicial...more

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