Commercial Law & Contracts, Construction Law

Recent Insurance Coverage Decisions Of Note In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/20/2013

California Courts handed down some interesting decisions re insurance coverage during the fourth quarter of 2012: St. Paul Mercury Insurance v. Mountain West Farm Bureau (10/25/12) In an equitable contribution action, an...more

Senate Includes Buy American Requirement in Water Resources Development Act of 2013: Provision Would Mandate Use of American Iron,...

by King & Spalding on 5/18/2013

The United States Senate passed the Water Resources Development Act of 2013 by an overwhelming 83-14 margin on May 15, 2013. The legislation included an amendment sponsored by Senators Jeff Merkley (D-OR) and Sherrod Brown...more

Indemnity Prohibition

by Peter Bauman - Senior Associate at Tharpe &... on 5/17/2013

On January 1, 2013, new rules governing indemnification in construction contracts went into effect under SB 474 in California. The new law impacts commercial real estate, and public and residential projects. The big picture...more

Business Interruption Insurance

by Peter Bauman - Senior Associate at Tharpe &... on 5/16/2013

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

Consultants On Home Improvement Projects May Now Need A Contractor's License

by Hopkins & Carley on 5/16/2013

It is common in the construction industry for residential owners to use consultants, including construction managers, to oversee and manage work performed by the direct contractor, subcontractors and material suppliers. The...more

Turning Lemons into Lemonade: Doing Real Estate Business with the Federal Government in These Challenging Economic Times

by Caitlin Beer, David Ehrenwerth | K&L Gates LLP on 5/15/2013

The Federal Government is one of the largest real estate players in the United States, owning or leasing a huge portfolio of office buildings and other real estate assets across the country. The Public Building Service...more

California Civil Depositions Limited To Seven Hours Under New Law

by Peter Bauman - Senior Associate at Tharpe &... on 5/15/2013

Some attorneys are known for being long-winded time wasters who act with little regard for efficiency, especially when billing at an hourly rate. Although we believe the length of a deposition is often dictated by the...more

A Construction Lawyer Can Help You Negotiate (Not Sue)

by Christopher G. Hill on 5/15/2013

Christopher Hill, LEED AP discusses further ways that a good construction attorney can assist a construction company to resolve its disputes ...more

D.C. Seeks to Finalize Rules Aimed at Preventing and Eliminating Lead Hazards

by Amy L. Edwards | Holland & Knight LLP on 5/15/2013

For several years, the District of Columbia has been working toward regulations designed to prevent and eliminate lead hazards. It came one step closer on April 26, 2013, when the District's Department of the Environment...more

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

by Joe Virene | Looper Reed & McGraw, P.C. on 5/14/2013

Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment. In addition, many subcontracts contain lien waivers lurking in the boiler...more

Trial Tactics for Insurance and Corporate Defense Cases

by Peter Bauman - Senior Associate at Tharpe &... on 5/14/2013

Insurance companies and corporate defendants often begin a lawsuit at a disadvantage due to the mere fact that they are being sued by a plaintiff who alleges to have been injured and/or damaged. It is therefore crucial to...more

Litigation Management: A Win-Win

by Peter Bauman - Senior Associate at Tharpe &... on 5/13/2013

Using tools and strategies to effectively and intelligently proceed a case through the litigation process, based on the goals and expectations of a specific client, is an important part of effective legal representation. This...more

Georgia Lien Law Revised In Favor of Contractors

by Jennifer Grippa | Miller & Martin PLLC on 5/10/2013

Legislation signed into law this week will have meaningful impacts on contractors asserting liens against property owners for non-payment. On Tuesday, May 7, 2013, Georgia Governor Nathan Deal signed into law House Bill 434,...more

Daubert Standard For Expert Testimony Almost Applied In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/10/2013

The standard for admitting expert scientific testimony in a federal trial under the Federal Rules of Civil Procedure was established in the case of Daubert v. Merrell Dow Pharmaceutical (US Supreme Court, 6/28/93), then...more

Real Estate Tip – Renewable On-Site Power: Who Pays to Charge a Tenant’s Chevy Volt?

by Richard Smith | Bernstein Shur on 5/10/2013

In two previous LEED tips, Part 1 and Part 2, we explored how taking steps that result in LEED certification may yield little if any improvement in energy efficiency. Another efficiency-neutral LEED concern is clean on-site...more

Construction Lawyers Can Be Part of the Solution

by Christopher G. Hill on 5/9/2013

Christopher Hill, LEED AP and Virginia construction lawyer responds to discussion about the role of attorneys in construction projects. Construction lawyers can be a real help to construction companies if they are utilized...more

New Laws Regarding Construction Defects

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/9/2013

Have you been involved in an accident on a construction site in Hawaii? If so, a ruling from Hawaii’s Court of Appeals may be relevant. ...more

Use of Additional Insured Status to Reduce Attorneys' Fees

by Conrad Lazo | Fowler White Boggs P.A. on 5/8/2013

Although insurance requirements are typically addressed in most construction contracts, they are often given minimum attention. On the other hand, attorneys’ fees are always a major concern. Notwithstanding, requiring...more

The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2

by Richard Ceeney, Lynne Freeman, Laura Riddeck, Vincent Rowan, Hayley Steel | Reed Smith on 5/8/2013

Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to...more

The New Texas Expedited Trial Rule’s Effect On Subcontractors And Suppliers

by Joe Virene | Looper Reed & McGraw, P.C. on 5/8/2013

It has been said many times “the wheels of justice grind slowly.” Indeed most cases take well over a year, and some a few years, to try. To help solve this problem the Texas Legislature created a new procedural rule to...more

Construction Contracts – No Longer Take It or Leave It

by Conrad Lazo | Fowler White Boggs P.A. on 5/1/2013

Construction has returned to Florida! In the first four months of 2013, I have reviewed and drafted more construction and design contracts than I have in total during the last four years combined....more

When Does an "Occurrence" Occur?

by Jerome Sturhahn | Sherman & Howard L.L.C. on 5/1/2013

Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case - when did the property damage that gives rise to liability, and the insurer's obligation, occur? ...more

The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 4/30/2013

As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue...more

Why Delivery Tickets Matter

by Joe Virene | Looper Reed & McGraw, P.C. on 4/30/2013

Paperwork can win or lose a lawsuit. This is especially so in construction litigation. To be entitled to a lien, bond, or any other claim for payment for materials delivered to a construction project, you are not required...more

Insurers: Does Your Policy Contain a Broadly Worded EIFS Exclusion? If You’re in Washington, You Might Be in Luck!