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Construction Updates

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Florida’s Legislature Moves to Overrule Appellate Decision Regarding the Statute of Repose

by Cozen O'Connor on

Statutes of limitations and statutes of repose limit the length of time within which a cause of action may be brought. Unlike a statute of limitations, which begins to run after a loss occurs, a statute of repose for a...more

Highlights of the 2017 Revisions to the AIA-A101, A102, and A103

As discussed in a May blog article, the American Association of Architects (AIA) revise their form agreements between owner and contractor approximately every 10 years, and these form documents were recently revised by the...more

"On demand" performance bonds: no strings attached?

by White & Case LLP on

A recent Australian case decided that a claim used as a basis for encashing an "on demand" performance security did not need to be authoritatively determined first....more

The Other Shoe Drops: An Update on DOLI Enforcement of Contractor Registration Requirements

by Stinson Leonard Street on

In a move of interest to residential or commercial contractors working in Minnesota, the Minnesota Department of Labor & Industry (DOLI) recently began enforcing a 2012 requirement that all unlicensed contractors register...more

The New 2017 AIA Contract Forms Add Exhibit A Requiring Greater Specificity in Contractually Required Insurance

by Pierce Atwood LLP on

In negotiating contracts based on the AIA’s widely-used construction industry forms, construction owners and contractors will soon start seeing the AIA’s new seven-page Insurance “Exhibit A,” which requires a more...more

FCC Proposes Increased Service Obligations on Wireless Licensees Seeking Renewal

by Hogan Lovells on

The Federal Communications Commission (“FCC”) has released a draft Second Report and Order and Further Notice of Proposed Rulemaking on renewal requirements and permanent discontinuance rules for a variety of wireless...more

California’s New Public Works Claims Resolution Process

If you’re a public entity or contractor involved in public works construction, you should be aware of a new law that took effect this year establishing a new mandatory claims resolution process for disputes on public works...more

Client Update: The 2017 Changes to the AIA Contract Documents: A Summary of the Relevant Changes to the Owner-Contractor Forms

by Reed Smith on

The American Institute of Architects (AIA) contracts are the most commonly used set of construction contract forms on commercial projects in the United States. In late April 2017, AIA issued its once-in-a-decade updates to...more

“Quid pro quo”: preventing an unreciprocated interim payment (30 years later – Thomas Construction (Pty) (in Liquidation) v....

by Dentons on

Where a construction contract creates reciprocal obligations, own performance or tender of own performance is a requirement for the enforceability of a claim for counter-performance. This is known as the principle of...more

Legal Notebook: All road(way)s lead to a contractual dispute

by DLA Piper on

The recent decision of RV Pty Limited v Connector Park Pty Ltd (No 2) [2017] TASSC 22 concerned a dispute between two land development companies in relation to a contract which required the construction of an access road. The...more

Oral construction contracts: RCS Contractors Ltd v. Conway, a costly affair indeed

by Dentons on

Certainty in a construction contract is all the more important when adjudication is envisaged to have to take place under a demanding timetable. The adjudicator has to start with some certainty as to what are the terms of the...more

Building seawall erodes homeowners' rights to challenge conditions

by Thompson Coburn LLP on

The California Supreme Court recently held that you can’t have your cake and eat it, too. Two adjacent homeowners, with oceanfront properties in Encinitas, California, live on a coastal bluff that “cascades steeply down to...more

U.S. Exports of Whiskey, Juice, and Dairy Products to Europe Targeted for Retaliation against President Trump’s Plans to Limit...

by Hogan Lovells on

U.S. trading partners have begun to signal their plans to consider retaliatory measures in response to President Trump’s Section 232 Investigations on steel imports. In particular, European Union (EU) officials recently...more

OSHA Exempts Monorail Hoists From Cranes And Derricks Regulations

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration has issued a new enforcement policy that excludes monorail hoists from regulations on cranes and derricks in constructions. Stakeholders had argued that monorail hoists are...more

INFRA Grant Program Encourages Use of P3s

by Ballard Spahr LLP on

The U.S. Department of Transportation (USDOT) has revised and renamed a federal grant program that provides federal financial assistance to highway and freight projects of national or regional significance to support projects...more

The A, B and C’s of Contracting and Self-Performing Work Under California’s Contractor’s License Law

The California Contractors State License Board issues licenses in three general classifications: 1. Class A – General Engineering Contractors; 2. Class B – General Building Contractors; and 3. Class C – Specialty...more

Queens Shopping Mall Nixed by Court’s “Public Trust” Doctrine Ruling

by Farrell Fritz, P.C. on

In Matter of Avella v. City of New York, 2017 NY Slip Op 04383 (June 6, 2017), the New York Court of Appeals reviewed a decision by the City of New York approving a proposal by Queens Development Group, LLC (“QDG”) which...more

ICE is coming for Undocumented Workers – How to Prevent Corporate Frostbite

by Gray Reed & McGraw on

Whatever your political views, undocumented workers and the businesses that knowingly or unknowingly employ them are coming under the microscope. If you compile recent headlines, you’ll know the President has implemented...more

City of Charleston Changes Workforce Housing Zoning Rules

by McNair Law Firm, P.A. on

The City of Charleston has changed the rules governing the Mixed Use Workforce Housing District Zoning Ordinance in an effort to further diversify housing opportunities for residents....more

What You Need to Know About San Francisco’s Inclusionary Affordable Housing Program

On July 11, 2017, the San Francisco Board of Supervisors finally voted to adopt sweeping (and complex) changes to the City’s Inclusionary Affordable Housing program.....more

AIA Releases Updated Construction Contract Forms

by Smith Anderson on

The American Institute of Architects (AIA) recently released the 2017 edition of eleven standard construction and design contract forms, and it plans to release revisions to an additional eighteen forms in the fall of 2017....more

Ohio Appeals Court Holds That Contractor Who Seeks Application of HOOP Formula to Calculate Home Office Overhead Need Not Prove...

by Pepper Hamilton LLP on

Wood Elec., Inc. v. Ohio Facilities Constr. Comm’n, 10th Dist. Franklin No. 16AP-643, 2017-Ohio-2743, 2017 Ohio App. Lexis 1745 (May 9, 2017) - The Ohio Facilities Construction Commission (“OFCC”), together with a school...more

Federal Circuit Affirms Finding Of Non-Arbitrability Under “Wholly Groundless” Standard

by Carlton Fields on

Stephen Evans, doing business as Roof n’ Box, Inc. (“RNB”), had a contract with Building Materials Corp. of America, (“BMCA”) to promote RNB’s “Roof N Box” product, a three-dimensional roofing model, to building-construction...more

The new NEC4 suite – is the GCC ready?

by Dentons on

During the construction boom in 2007, leading UAE developer Aldar Properties took the pioneering step of adopting the third generation of the New Engineering Contract, the NEC3, to procure the development of the vast...more

Limitations on Contract Damages: The ‘Betterment' Argument

by Faegre Baker Daniels on

A fundamental purpose of contract damages is to place a non-breaching party in the same position that it would have been in had its contract not been breached. Accordingly, remediation “enhancements” that give the...more

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