General Business Construction Constitutional Law

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Business Court Makes North Carolina Safe For Construction Lawyers

Construction lawyers in North Carolina can breathe a sigh of relief. On Friday of last week, the Business Court ruled that the service of on-line service provider Lienguard in preparing claims of lien constitutes the...more

Fourth Circuit Holds Minority-Owned Corporation Can Bring Race Discrimination Suit

The United States Court of Appeals for the Fourth Circuit recently decided in a case of first impression, that a minority-owned corporation had standing to bring a Title VI race discrimination suit because it established an...more

Enforcing Your Arbitration Agreement Just Became a Great Deal Easier

Courts regularly praise private arbitration as a means of affording flexibility to the parties, reducing costs and time, and lessening the burden on the judicial system. In some cases though, arbitration clauses can present a...more

Mississippi's "Stop Notice" Statute Declared an Unconstitutional Deprivation of Property

On October 10, 2013, the Fifth Circuit Court of Appeals, citing lack of procedural safeguards, affirmed a district court's determination that Mississippi's "Stop Notice" statute is unconstitutional because it deprives...more

5th Circuit: Mississippi's Stop-Notice Statute Is Unconstitutional

In Noatex Corp v. King Construction of Houston, LLC, Case No. 12-60385 (5th Cir. Oct. 10, 2013), the Fifth Circuit Court of Appeals issued its long-awaited ruling on the constitutionality of Mississippi's Stop-Notice statute,...more

Construction E-Note - October 2, 2013

In This Issue: - Burr Appellate Victory Featured in Constructor Magazine - Fifth Circuit Expected to Soon Rule on Constitutionality of Mississippi’s Stop Notice Statute - No Choice in the Matter - Government...more

Federal Court Finds Maryland’s Long-Term Contract for Differences Unconstitutional

On September 30, 2013, the United States District Court for the District of Maryland issued its decision in PPL Energyplus, LLC v. Nazarian. The case has been watched by many for its potential implications with respect to...more

Condominium Developers Can Require Arbitration for Construction Defect Lawsuits Through Project CC&Rs

The California Supreme Court recently held that the developer of a condominium project may unilaterally impose arbitration on an owners association by recording a declaration of covenants, conditions, and restrictions that...more

PA Tax Law News -- May 2012

IN THIS ISSUE: Long Awaited Tech One Associates Decision; Philadelphia Common Level Ratio Drama Continues; Court Upholds IFTA Liability; PA Budget Watch; Goodwill Included in Subsidiary Valuation for Holding Company...more

Homeowner Associations And Members Not Necessarily Bound By Arbitration Provisions In CC&RS Or In Related Purchase Agreement Where...

Homeowners and homeowner associations are not necessarily bound by arbitration provisions in a declaration of covenants, conditions and restrictions, or in a related purchase agreement, where the developer is the initial and...more

C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Opinion of the Connecticut Supreme Court

This opinion of the Connecticut Supreme Court arises out of an action by a contractor to compel the State of Connecticut Department of Public Works to pay sums certified by the Governor to be paid pursuant to C.G.S. 3-7. The...more

C.R. Klewin Northeast, LLC v. James T. Flemming

Plaintiff-Appellee's Brief to the Connecticut Supreme Court

This is a brief by the Plaintiff-Appellee contractor in an mandamus action to compel the State of Connecticut Department of Public Works to pay the plaintiff sums certified by the Governor to be paid pursuant to C.G.S. 3-7....more

C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Memorandum of Decision on Cross Motions for Summary Judgment

This is the decision of the trial court denying the state defendants' motion for summary judgment and granting the plaintiff contractor's motion for summary judgment in a mandamus action to compel the state to pay sums...more

C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Memorandum of Decision on Defendants' Motion to Compel Compliance with their First Set of Discovery Requests

This is the court's ruling denying the defendants' motion to compel the plaintiff to produce documents and information about plaintiff's dealings with the state outside of the contract at issue in the litigation. The court...more

C.R. Klewin Northeast, LLC v. James T. Flemming

Plaintiff's Memorandum in Opposition to Motion to Strike

This is the plaintiff-contractor's memorandum of law in opposition to motion to strike a complaint seeking an order of mandamus to compel the State of Connecticut Department of Public Works to pay the plaintiff sums certified...more

C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Memorandum of Decision on Defendants' Motion to Dismiss

This is the court's decision denying the state defendants' motion to dismiss a mandamus action filed by a contractor to compel the state to pay the defendant sums certified by the governor to be paid pursuant to C.G.S. 3-7. ...more

C.R. Klewin Northeast, LLC v. James T. Flemming

Plaintiff's Objection to Motion to Dismiss

This is an opposition to a motion to dismiss filed in a mandamus action by a contractor to compel the State of Connecticut Department of Public Works to pay the plaintiff the sums certified by the Governor to be paid pursuant...more

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