Construction Updates

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
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Regents’ Approval Authorizes UC Merced 2020 Project to Move Forward

The Regents of the University of California (the “Regents”) approved the commercial terms of the P3 agreement for the UC Merced 2020 Project (the “Project”) on Thursday, November 19, 2015 at the Regents meeting held in San...more

Interpreting Arbitration Agreements: Two Key Points from Recent Texas Supreme Court Decisions

The Texas Supreme Court recently added another opinion to its ever-growing body of law interpreting arbitration agreements. The opinion falls in line with prior decisions on two key issues: 1. what amounts to waiver of the...more

Judges Imposing Personal Liability on Scofflaws

As the recession recedes, courts are busy sifting through the remnants of construction projects that were impacted by the hard times we all faced. Shady deals and disreputable conduct often come to light in times like this,...more

Upcoming Changes in Québec Public Procurements

On November 11, 2015, the Québec Government announced a Draft Regulation to amend the implementing regulations of the Act Respecting Contracting by Public Bodies with respect to supply contracts, service contracts and...more

Seeking Net Benefits: President Obama Issues New Federal Policy on Addressing and Mitigating Environmental Harm Early in the...

On November 3, 2015, the White House released a Presidential Memorandum intended to encourage federal agencies to consider land use planning more holistically, clearly and consistently, addressing mitigation needs before they...more

New Rules Encourage Use of P3s

The recently released Internal Revenue Service (IRS) rules in the final allocation and accounting regulations encourage the use of public-private partnerships (P3s). Under these rules, a private party can form a partnership...more

HVCRE: Surrender Is Not An Option

The way the new Basel III High Volatility Commercial Real Estate Lending Rule (HVCRE) was crafted, and is being enforced, is insane. We’ve written about this before. This is one of the purest examples of the regulatory...more

Los Angeles World Airports Announces DBFOM Procurements for $5 Billion Landside Access Modernization Program

Los Angeles World Airports (LAWA) staff today briefed its Board of Airport Commissioners on its plans to deliver and finance the estimated $5 billion Landside Access Modernization Program (LAMP) at Los Angeles International...more

Trend In The Courts: It’s Getting Harder To Obtain Preliminary Injunctions In Restrictive Covenant Cases

In recent weeks, courts almost routinely have been denying preliminary injunctive relief in cases alleging violation of non-compete and similar employment agreements. Three examples: Burleigh v. Center Point Contractors,...more

P3 Legislation in Florida

On September 24-25, Miami-Dade County held a P3 Institute entitled “The P3 Pipeline: A Forum for the Private Sector.” Among the topics discussed at the Institute was a measure currently before the Florida Legislature that, if...more

Denver City Council Advances Construction Defect Ordinance

The Denver City Council on November 16, 2015 unanimously approved the first reading of a construction defect action reform ordinance designed to spur condominium development in Denver. Like Lakewood and other metro-area...more

Silver Tsunami or Fool’s Gold?

Much of the predicted strength and growth of the Senior Housing Market is predicated on the retirement of the Baby Boomers – a veritable silver tsunami of potential residents for senior living facilities. To meet that demand,...more

OSHA Vows Continued Enforcement As Work Fatalities Rise

Secretary of Labor Thomas E. Perez has sworn to continue the Occupational Safety & Health Administration’s (“OSHA) stepped up enforcement campaign in the construction and oil and gas industries after newly released data...more

Construction Alert: "Personal Liability for Fraudulent Pay Applications"

A false notarized payment application signed by a Contractor and submitted to an Owner may make both the Contractor and the person who signed the false application personally liable for damages suffered by the Owner. ...more

OSHA’s Top 10 Safety Violations for FY 2015

On September 29, 2015, OSHA issued its preliminary list of the agency’s top 10 cited standards for fiscal year 2015. The list was presented at the National Safety Council’s 2015 Congress & Expo in Atlanta, Georgia by Patrick...more

Another Cyber-Risk: Hacks That Cause Property Damage and Interrupt Business Processes

In recent years, there has been no shortage of news about large-scale data privacy breaches; incidents that have affected tens of millions of consumers nationwide. Those incidents have spurred a growing market for so-called...more

Florida Development Permits Eligible for Extension Due to Tropical Storm Erika Order

A permit and development order extension opportunity is available until Jan. 25, 2016, as a result of Florida's declaration of a state of emergency for Tropical Storm Erika....more

VA Proposes Changes to VOSB/SDVOSB Regulations, Aims for Consistency with COFC Ruling in Cohen Seglias' Miles Construction Case

On November 6, 2015, the VA issued a proposed rule, which could drastically change the way the two eligibility requirements for VOSBs and SDVOSBs are interpreted. The VA explained the changes as follows...more

Alberta Decision May Make Builders’ Lien Filing Deadline Less Certain, More Litigated

In Boulevard Real Estate Equities Ltd. v. 1851514 Alberta Ltd. (Boulevard Real Estate Equities), a master of the Alberta Court of Queen’s Bench held that if an owner makes a representation to a contractor that causes the...more

Recent Developments: Dispute Resolution What you need to know

Welcome to this edition of Allen & Overy’s Recent Developments –‘What you need to know’. The purpose of this alert is to keep you updated on the recent legal developments relevant to your industry, and let you know...more

[Event] Yes, Virginia, You Can Use Drones in Your Business! - Dec. 1st (Virginia Beach, VA) & Dec. 4th (Richmond &...

Companies from a wide spectrum of industries have obtained a Section 333 Exemption from the Federal Aviation Administration (FAA) that permits them to fly Unmanned Aircraft Systems (UAS), commonly known as “drones,” to...more

Somerville Mayor's First Impression of Casino Footbridge May Not Be His Last

Now Steve Wynn has sweetened the deal for his Eastern Massachusetts casino with a pedestrian bridge over the Mystic River. The span would lead from the casino site in Everett to the fast-rising neighborhood at Assembly Row...more

CSLB Revamping its Home Improvement Salesperson Registration Process

CSLB Taking Steps to Implement New, Simplified Home Improvement Salespersons Registration Process SACRAMENTO — The Contractors State License Board (CSLB) is moving quickly to implement a new law that will simplify the...more

Letters of the Law: 'W' is for Waiver

A to Z of Construction Law in Qatar Series Waiver is the intentional relinquishment of a right or claim. It is when one party agrees to "give up" an existing, or in some cases, future right. A waiver could apply to a...more

When Less Is More: The pitfalls of saying too much in professional contracts

Design and other professionals often incorporate their practices in an effort to avoid individual liability. They also add well-crafted limitations of liability and indemnification clauses in their form services contracts to...more

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