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(INFOGRAPHIC) Amalgamation of Interests - or How to Ensure You Wasted Time Setting Up Multiple Project Companies

There is a fairly customary practice in real estate development and construction intended to take advantage of the liability protections afforded by the Uniform Limited Liability Company Act. The practice is very...more

NLRB Ups the Stakes for Successor Employers

A recent National Labor Relations Board decision could significantly increase the damages that employees can recover against an employer that acquires a business but refuses to hire the employees of the predecessor. The...more

The New York Legislature Passes a Bill Eliminating the Annual Wage Notice Requirement

Employers in New York will not have to issue annual wage notices to employees in 2015 and beyond. On June 19, 2014, a bill was passed in both the New York Assembly and Senate that eliminates the requirement contained in the...more

Collateral Estoppel Sinks LLC Members' Claim

It might seem uncontroversial that the members of a limited liability company cannot follow with a personal lawsuit for injuries after their LLC litigates, and loses, claims based on the same issues. But it took the Business...more

Corporate Shield Holds Up Against Creditor

There's no expression when speaking of football players to recognize a performance that hits three exceptional marks (like a hat trick in hockey or a triple double in basketball or the triple crown in baseball). Maybe there...more

More Transportation P3s On The Horizon In South Florida And Nationally

We have written frequently about the potential for new transportation-related public-private partnerships (P3s). Recent posts on the topic have discussed Amtrak, UniversityCity at FIU, and PortMiami, among other area...more

2014 California Construction Law Update

Approximately 2,000 bills were introduced in the California State Legislature during the 2013-2014 legislative session. Of these, 896 bills made it to Governor Brown’s desk and 800 were signed into law....more

What You Need to Know About Maintaining Your Contractor’s License in California

Earlier, I wrote a post on What You Need to Know About Obtaining a Contractor’s License in California. This post focuses on what you need to know about maintaining your contractor’s license in California. As with my earlier...more

Trends In Social Infrastructure

FEDERAL, state and local budgets are in disarray in the United States. Funding at all levels is challenged, if not essentially unavailable, further exacerbated with political polarization in full swing. At the same time, in...more

TRANSACTIONAL: Project Development / Finance: PF2 and its relevance to PPPs in the GCC

The Private Finance Initiative (PFI) was a public-private partnership (PPP) model introduced by the United Kingdom government back in 1992 as a tool to engage the private sector to design, construct, finance and operate...more

Public-Private Partnerships in California - Part I

Current funding levels for public infrastructure in the United States are inadequate. Existing infrastructure is crumbling due to long-deferred maintenance and new infrastructure needed by the public is not being built. ...more

California Allows Contractors Formed As LLCs To Access Surplus Lines Carriers

On August 16, 2013, California Governor Jerry Brown signed AB1236, a bill that allows contractors organized as limited liability companies to obtain liability insurance from non-admitted surplus lines carriers. California...more

Indiana Finance Authority Shortlists 4 Proposers for its I-69 Section 5 Project

On July 31, 2013, the Indiana Finance Authority (“IFA”), in coordination with the Indiana Department of Transportation (“INDOT”), shortlisted four teams for its I-69 Section 5 Project (the “Project”) located between...more

Georgia Selects Private Partner to Finalize P3 Contract for Northwest Corridor Project

On July 23, the Georgia State Transportation Board (“STB”) voted to accept the selection of Northwest Express Roadbuilders (“NWER”) as the apparent best value proposer for the $840 million Northwest Corridor managed lanes P3...more

It's All About Timing: PPP Payments

During the afterglow of the closings for the Chicago Skyway and Indiana Toll Road projects, transportation officials across the country viewed public-private partnerships (PPPs) as a panacea for the challenges caused by...more

Virginia Releases Draft P3 Pipeline for 2013 for Industry Comment

After achieving several P3 project milestones and awards in 2012, Virginia’s Office of Transportation Public-Private Partnerships (OTP3) on behalf of the Commonwealth of Virginia released a draft document entitled “2013...more

Australia: Performance Security: Bonds, Guarantees And Letters Of Credit

INTRODUCTION - When considering security requirements to support project contracts, parties often wonder what form of security is appropriate - a performance bond, parent company guarantee, bank guarantee or letter of...more

Rogers Towers: New Law Alters Liability for Architects and Engineers

Of recent interest to architects, engineers and owners, Governor Scott signed into law an act relating to design professionals which limit their individual liability in certain circumstances. The new statute created by this...more

California Court of Appeal Strictly Enforces Carveout Guaranty

In “what appears to be an issue of first impression, not only in California, but in the entire country,” the California Court of Appeal in Series AGI West Linn of Appian Group Investors De LLC v. Eves (June 14, 2013)...more

Global Recognition of US Infrastructure Projects and Transportation Agencies Continues at Partnerships Awards

As we previously reported in April, organizations that annually recognize top projects and industry organizations worldwide have proven that they are no longer focusing solely on mega-projects that are part of major...more

Anatomy of a Public-Private Partnership

This article explores the anatomy of a public-private partnership in the context of major real estate projects entered into by a governmental body with a real estate developer or owner. The author has been involved in a...more

How To Hire Outside Counsel For Your Company

Hiring outside legal counsel is an important decision for any company. Outside counsel may be needed to guide the business on an ongoing basis; or the business could be looking for an attorney to handle a single transaction...more

Caltrans and Metro Issue Request for Qualifications for the Accelerated Regional Transportation Improvements Project

The California Department of Transportation (“Caltrans”), in cooperation with the Los Angeles County Metropolitan Transportation Authority (“Metro”), issued on May 31, 2013 a Request for Qualifications (“RFQ”) for teams...more

Victorian Government Reforms PPP Policy to Support Infrastructure Growth

The Victorian State Government announced on 2 May 2013, significant reforms to its Public Private Partnership (PPP) policy to support infrastructure growth in Victoria (Policy). The Policy is aimed at encouraging private...more

Business Interruption Insurance

Business Interruption Insurance Business Interruption Insurance (“BII”) is a form of commercial insurance coverage that provides limited but useful protection when a business is unable to continue normal operations or occupy...more

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