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General Business Construction

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

Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District

Earlier, we wrote about Davis v. Fresno United School District (2015) 237 Cal.App.4th 261, a Fifth District California Court of Appeals decision that sent shock waves through the school construction industry and raised...more

New AIA 2017 Construction Contracts, Part II: General Conditions of the Contract

by Miller Canfield on

[This is Part II of a four-part series discussing the new AIA 2017 forms. Part I discussed the agreements between the Owner and Contractor (A101-2017 and A102-2017); Part III will discuss the Owner—Architect forms (B101-2017,...more

New Definition for Term "Completion" in Florida for Construction Defect Lawsuits

by Miller & Martin PLLC on

For those that perform work in Florida, the Florida legislature updated the law pertaining to when construction defect lawsuits must be brought. While the Statute of Limitations for construction defect cases is four years,...more

Cross claims, counterclaims and set-offs from another construction contract - Permissible in an adjudication?

by Dentons on

It is commonplace in our local building and construction market for the same parties to enter into multiple contracts for different projects. However, what happens if a main contractor has valid backcharges under Project A...more

Ontario's Construction Lien Act reform Modernization of old tools to secure payment

by Dentons on

On Wednesday May 31, 2017, Bill 142 An Act to Amend the Construction Lien Act (Bill 142) was introduced in the Legislative Assembly of Ontario. The changes incorporate the recommendations of a broad range of stakeholders...more

Supreme Court of Wyoming Strictly Interprets a Conditional Payment Provision to Trigger Payment Only After GC and All of its Subs...

by Pepper Hamilton LLP on

P&N Invs. v. Frontier Mall Assocs., 2017 Wyo. LEXIS 62 (Wyo. 2017) - This payment dispute arose over conditional language in a lease agreement between a mall and a restaurant operator. P&N Investments (“P&N”) leased space...more

No Privity? No Problem!

by Farrell Fritz, P.C. on

May a stranger to an arbitration agreement compel arbitration against its signatories? According to the Second Department in Degraw Construction Group v McGowan Builders, Inc., 2017 NY Slip Op 05580 (2nd Dept July 12, 2017),...more

Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!

by Burr & Forman on

You don’t always say what you mean. And you don’t always mean what you say. In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations....more

New Indemnity Law for Design Professionals

by Archer Norris PLC on

CALIFORNIA – On April 28, 2017, Governor Brown signed into law Senate Bill 496 (Cannella). The Bill, which is now codified in California Civil Code §2782.8, amended the statute to provide greater protection for design...more

The Ten Most Widely Used Alternative Dispute Resolution Methods

by Faegre Baker Daniels on

Over the past two decades, arbitration has lost some of its luster as the best method to resolve construction industry disputes. The perceived “judicialization” of arbitration is at the heart of the industry’s recent...more

JAMS Global Construction Solutions Newsletter, Summer 2017

by JAMS on

Expedited Construction Adjudication: A Better Process for Resolution of Performance Bond Disputes - For the sake of the parties and the construction project, it would be ideal if major contested construction disputes,...more

Contract termination: terminating under the contract vs terminating at common law

by White & Case LLP on

Contract terminations are often loaded with legal risk, and therefore parties often rely upon as many grounds as possible to justify a termination. A recent English case highlights the risks associated with terminating solely...more

Illinois Court Holds That Reinsurers And Insurer Need To File Complaint In Legal Malpractice Lawsuit In Their Own Names Pursuant...

by Carlton Fields on

In this case, an Illinois appellate court held that Section 2-403 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-403, required the reinsurers and insurer of Developers Surety and Indemnity Co. (“DSI”) a surety, to file...more

You Cannot Have it Both Ways: Missouri Appellate Court Holds City Cannot Bring a Complaint for Breach of a Contract and Plead in...

by Pepper Hamilton LLP on

City of Dardenne Prairie v. Adams Concrete & Masonry, LLC, No. ED104982, 2017 Mo. App. LEXIS 533 (Mo. Ct. App. May 30, 2017) - This case arises out of a construction project in which the City of Dardenne Prairie (the...more

The Financially Distressed Subcontractor on a Government Contract: What a Prime Contractor Should Do to Protect the Project and...

Some bankruptcy experts predict an increase in business failures for government contractors in the coming years. Increased demands and constraints on government spending will stress both prime contractors and subcontractors....more

International Arbitration Considerations

by Pepper Hamilton LLP on

Over the past decade, the growing number of mergers and acquisitions of engineering and construction (E&C) firms has consolidated the construction industry, creating an increasingly global market with more multinational...more

A primer for contractors: Getting paid -- fact or fiction?

by Hellmuth & Johnson PLLC on

As a contractor, getting paid for work completed isn't always as easy as collecting onsite or sending an invoice. Hellmuth & Johnson construction law attorney Blake Nelson answers fact or fiction when it comes to collections,...more

Austerity and long-term PFI/PPP contracts: a recipe for disputes?

by Dentons on

Nearly a decade after the 2008 economic downturn, the age of austerity continues. With 18 months of Brexit negotiations and economic uncertainty ahead, cash-strapped public bodies are likely to see further decreases in their...more

JCT 2016: evolutionary not revolutionary – a missed opportunity?

by Dentons on

In an update on the (then) forthcoming JCT 2016 edition of contracts, Richard Saxon CBE, Chair of the Joint Contracts Tribunal (JCT), stated that the "construction industry has changed and become increasingly complex over the...more

Actual Notice Exception to Pre-Lien Notice Requirement of Nevada Lien Statute Does Not Apply to Architect’s Offsite Work When No...

by Pepper Hamilton LLP on

Iliescu v. Steppan, No. 68346, 2017 Nev. LEXIS 38, (Nevada Supreme Court, May 25, 2017) - Appellants Iliescu entered into a Land Purchase Agreement to sell four unimproved parcels in downtown Reno, Nevada to Consolidated...more

A Primer on Design Professionals’ Liability in Virginia

by Williams Mullen on

When building a construction project in Virginia, it is essential that you understand the obligations and supporting legal principles for each of the parties involved in the Project. You cannot make an informed judgment of...more

Saskatchewan Court of Appeal Clarifies Priority Rules for Builders' Liens Arising in Connection with the Recovery of Minerals

by Bennett Jones LLP on

The Saskatchewan Court of Appeal recently released a landmark decision National Bank of Canada v KNC Holdings Ltd, 2017 SKCA 57 (National Bank) which will significantly affect the priority ranking of certain Saskatchewan...more

The Continuing Saga of Sebo v. American Home Assurance Company: The Second District Court of Appeal Rules on Remand

On July 20, 2017, the Second District Court of Appeal issued an order that closed its books on the Sebo appeal. Mr. Sebo made a homeowner’s claim to American Home contending construction deficiencies had allowed water to...more

Oportunidad adicional para extender órdenes de desarrollo y permisos de construcción

by Bilzin Sumberg on

El gobernador Scott extendió recientemente el estado de emergencia declarado en respuesta al virus del Zika, por lo que quienes cuenten con permisos u órdenes de desarrollo urbano tendrán una oportunidad aún mayor de...more

Negotiating Complex Agreements - Construction and Procurement Law News, Q2 2017

Sunvalley Solar, Inc. (“Sunvalley”), is a solar equipment distributor in California. It brought an action in California state court against CEEG (Shanghai) Solar Science & Technology Co., Ltd. and China Sunergy (Nanjing) Co.,...more

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