Commercial Law & Contracts, Construction Law, Labor & Employment Law

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

Newly Enacted Legislation Rewrites Florida's Rules on Individual Design Professional Liability

by James Ramsey, Monte Starr | Holland & Knight LLP on 4/29/2013

A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state. ...more

The NEC3 Engineering and Construction Contract: A Comparative Analysis – Part 1

by Richard Ceeney, Lynne Freeman, Laura Riddeck, Vincent Rowan, Hayley Steel | Reed Smith on 4/25/2013

The Engineering and Construction Contract (NEC3) and FIDIC Conditions of Contract for EPC/Turnkey Projects (FIDIC Silver) are both popular standard forms of engineering and construction contract, used on a variety of projects...more

Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

by Frederic Giordano, David Osipovich, Andrew Stanton | K&L Gates LLP on 4/22/2013

Introduction - Construction contractors and subcontractors, as well as commercial policyholders generally, will wish to take note of a recent Supreme Court of Minnesota decision that lends insight into the scope of...more

Construction E-Note - March 28, 2013

by Edward Brown, Nancy Carey, C. William Daniels, Jr., James McCarten, Anton Mertens, Bruce Rawls, Anna Scully, Peter C. Vilmos | Burr & Forman on 3/29/2013

In This Issue: - The Emperor’s New Economic Loss Rule - The Architect's Role in the Construction Project - USCIS Introduces New Form I-9 - Considering Construction Delivery Methods on Public Works - The...more

Legal Alert: Georgia Court of Appeals Upholds Lien, but the Lien May Have Limited Value

by Eric Hurst, William Wildman | Sutherland Asbill & Brennan LLP on 3/14/2013

In a recent case, the Georgia Court of Appeals reaffirmed that, in most instances, a contractor’s or materialmen’s lien may only be asserted against “whatever interest his employer had in the property at the time the work was...more

Ten things to do in the wake of this past weekend's severe winter weather

by Sarah Biser, J. Wylie Donald, Ira Gottlieb, Joel Horowitz, Nicholas Insua, Alan Kornstein, Pamela Moore, Robert Rubin | McCarter & English, LLP on 2/21/2013

The recent severe winter weather left behind legal and financial problems even deeper than the snow. But it may also have presented you with resources for help that you weren't previously aware of. Businesses may wish to act...more

Class Arbitrations Under Attack—But Survive

by Larry Leiby | JAMS, The Resolution Experts on 2/7/2013

Originally published in the Journal of the American College of Construction Lawyers Volume 7, Number 1, in Winter of 2013. There are certain indisputable benets of commercial arbitration: knowledgeable trier of fact,...more

It’s Getting Harder to Say Goodbye

by Katherine H. Marques, Howard Sokol | Holland & Knight LLP on 1/21/2013

The National Labor Relations Act (NLRA or Act) allows employers, including those in the construction industry, to join together to bargain with a union. This is called "multi-employer bargaining." But there are specific rules...more

Indemnity Agreement's Scope Included Contractual Liabilities To Third Parties

by David Johnson | Winstead PC on 1/15/2013

A court of appeals recently held that an indemnity agreement between an operator and a contractor placed the burden on the contractor to indemnify the operator for the operator's third-party indemnity obligations that arose...more

Employee Burnout

by Peter Bauman - Senior Associate at Tharpe &... on 12/10/2012

Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention. In the rush to...more

Spoiling Evidence Intentionally Comes With A Price

by Peter Bauman - Senior Associate at Tharpe &... on 11/9/2012

The same tools and practices that help technology users maintain and administer their computer systems in an efficient and confidential manner may also be used improperly to spoil digital data and other evidence that is...more

The Davis-Bacon Corner

by Snell & Wilmer L.L.P. on 9/17/2012

It is well-established that general contractors are responsible for their subcontractors’ compliance with Davis-Bacon. Nevertheless, we frequently encounter situations where the general contractor has failed to comply with...more

2012 Workers Compensation Reform In California

by Peter Bauman - Senior Associate at Tharpe &... on 9/12/2012

Workers Compensation reform is on the way. Cynics might ask, didn’t we do this several years ago? Yes we did. In the late 1990’s, overutilization of medical services, higher-than-normal indemnity benefit costs, and...more

Waiting Period Deleted From Bill Aimed At Predatory ADA Litigation Practices

by Robert Freedman - Partner at Tharpe & Howell,... on 9/1/2012

A requirement to wait 30 days before filing lawsuits for construction-related accessibility claims under the Americans with Disabilities Act has been deleted from the latest version of a bill (SB 1186) winding its way through...more

New Penalties For Misclassifying An Employee As An Independent Contractor

by Robert Freedman - Partner at Tharpe & Howell,... on 8/28/2012

Senate Bill 459 went into effect on January 1, 2012 and imposes increased penalties against any employer in California who willfully misclassifies an employee as an “independent contractor”. Willful misclassification is...more

New Penalties For Misclassifying An Employee As An Independent Contractor

by Peter Bauman - Senior Associate at Tharpe &... on 7/17/2012

Senate Bill 459 went into effect on January 1, 2012 and imposes increased penalties against any employer in California who willfully misclassifies an employee as an “independent contractor”. Willful misclassification is...more

Federal Reserve Summary of Commentary From All 12 FedReserve Districts: A Synopsis of the Federal Reserve Board's View of the...

by Rosa Eckstein Schechter on 7/5/2012

The Federal Reserve Board has taken information provided by all twelve of the Federal Reserve Districts as of May 25, 2012, and put all this data together in one Summary of Commentary on where our economy is at right now. ...more

Washington Appellate Court Limits Liability for Personal Injury Claims Brought by Contractor’s Employee Against Landowners

by Sedgwick LLP on 5/16/2012

The Washington State Court of Appeals affirmed a summary judgment dismissal of a lawsuit filed by a landowner’s contractor’s employee for personal injuries that the plaintiff allegedly sustained while working on a...more