Construction Updates

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Public-Private Partnerships in Puerto Rico - DLA Piper's handbook

Historically, there has been vigorous debate among the residents of Puerto Rico for and against the privatization of public property and public services. The public-private partnership (P3 or P3s) model established by the...more

Affordable Housing Bonus Program Takes Shape in San Francisco

The State Density Bonus law has been in effect for almost 40 years, but it has required a prolonged housing crisis to push San Francisco to adopt a local implementing ordinance. Last year the Board of Supervisors adopted the...more

Construction Lien Act reform and promptness of payment

On September 26, 2016, an expert review report titled, "Striking the Balance: Expert Review of Ontario's Construction Lien Act" (the Report) released findings on the problems associated with delinquent payments and the...more

Seventh Circuit Finds Faulty Work Not a Covered “Occurrence”

In Allied Prop. & Cas. Ins. Co. v. Metro North Condo. Ass’n, No. 16-1868, 2017 U.S. App. LEXIS 4107 (7th Cir. Mar. 8, 2017), the Seventh Circuit had occasion to consider whether claims of faulty workmanship could constitute...more

Hotels 101: Legal and Business Issues in Hotel Development and Ownership, a Beginner’s Guide [Video]

Carlton Fields presents a conversation between David W. Adams, Of Counsel, and Daniel Weede, Shareholder. It’s the goal of this podcast to give those who have never participated in the hospitality industry an introduction to...more

Under Construction - March 2017

Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems

The Town Board of the Town East Hampton (“Town Board”) is considering progressive new legislation that will require advanced nitrogen-reducing sanitary systems for all new commercial and residential construction and major...more

Construction Liens in Florida – The Timing and Manner of Perfection are Critical

Among the hottest and most relevant blog and article topics is the subject of construction liens. No matter the quantity or ubiquity of such articles, construction liens are and will always be among the most highly discussed...more

Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures

We’ve written before about the Right to Repair Act (Civil Code Sections 895 et seq.). The Act, also commonly known as SB 800 after the bill that established it, applies to newly constructed residential units including...more

Construction One-Minute Read: Trump Administration Increases Resources to Crack Down on Employers for I-9 Compliance

As part of his first-week initiatives, President Trump turned his focus toward immigration. These initiatives included dramatically expanding the resources of the U.S. Department of Homeland Security’s Immigration and Customs...more

Hot List – What’s Happening in the California Legislature 3/20-3/24

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Yellow is signalled

The second edition of FIDIC's Yellow Book (Conditions for Plant and Design Build) is due to be released in the coming months. It was pre-launched at the FIDIC annual conference in December, and review of a "conference...more

Safeguarding mental health: essential for your construction workers, good for your business

The UK's mental health is currently under scrutiny with high profile dignitaries, businessmen and organisations all helping to raise awareness of the problems it can cause in the workplace. Many campaigners come from the...more

Federal Court in California Rules That the Federal Arbitration Act Preempts California Statute That Requires Arbitrations Relating...

Bell Prods. v. Hosp. Bldg. & Equip. Co., 2017 U.S. Dist. LEXIS 9183 (ND of Cal. Jan. 23, 2017) - A Contractor, Hospital Building and Equipment Company (“HBE”) entered into a subcontract with a mechanical subcontractor,...more

(US) Payment and Performance Bonds vs Completion Bonds. What’s Best for Your Project?

Several types of bonds exist in the development world. So, which type of bond is best for your project? A payment and performance bond is a combination instrument. It’s first a payment bond that guarantees that the...more

Illinois Appellate Court Finds Duty To Defend Property Owner Based On Potential For Vicarious Liability For Subcontractor’s...

In Pekin Ins. Co. v. Centex Homes, 2017 IL App (1st) 153601, the Illinois Appellate Court Circuit had occasion to consider whether an insurer had an obligation to defend two putative additional insureds when its named insured...more

Travel Time: To Pay or Not to Pay

Do I have to pay my workers for travel time when I provide transportation to a job site? Slate Rock and Gravel, Inc. has a reputation for completing jobs on time and under budget. For their convenience, employees often...more

America’s Infrastructure Gets a D+

The American Society of Civil Engineers (ASCE) has issued their 2017 Infrastructure Report Card, which assigns a letter grade to the nation’s infrastructure....more

Builders' lien trusts in a bankruptcy - Iona Contractors Ltd v Guarantee Company of North America, 2015 ABCA 240

In 2009, the Calgary Airport Authority (CAA) entered into a construction agreement with Iona Contractors Ltd. for Iona to improve CAA’s north airfield. By October 2010, the work was substantially complete; however CAA...more

Competing Inclusionary Housing Proposals Introduced at the Board of Supervisors

Is the City another step closer to sorting out inclusionary housing requirements and implementation of Proposition C? Board of Supervisors members have introduced two competing ordinances that seek to call the question...more

Infrastructure Plan Watch: Hearings, Meetings and a Speech… but no White House Proposal

The roller coaster “infrastructure” ride in Washington, D.C. continues. With bi-partisan and broad stakeholder interest from both the public and private sector in an infrastructure plan, Congress continues to hold hearings...more

Importantes oportunidades de desarrollo inmobiliario para las P3 en el centro de Miami

El 7 de marzo, el alcalde del condado de Miami-Dade presentará un informe ante la Junta de comisionados del condado sobre propiedades del condado en el centro de Miami, que son propicias para el desarrollo junto con el sector...more

Hot List – What’s Happening in the California Legislature 3/13-3/17

As the 2017-18 legislative session gets underway in California, policy committees are beginning to hear and vote on bills – including numerous proposals that impact California employers. Our weekly “hot list” will provide you...more

Recoverability of adjudication costs: TCC shouts down Lulu

In our previous article in this series, "Recoverability of adjudication costs: Is Lulu something to 'shout' about?", we predicted that parties may incorrectly see the TCC decision in Lulu v Mullaley as authority to claim...more

Oil & Gas Sector in Mexico: Comisión Nacional de Hidrocarburos Announces Petróleos Mexicanos Invitation to Bid for Ayín-Batsil...

On March 7, 2017, the Mexican government, through the Comisión Nacional de Hidrocarburos (National Hydrocarbons Commission or “CNH”), commenced an international tender process to grant the right to enter into a production...more

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