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Construction Case Law Update - December, 2014

FLORIDA STATE CASES - Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more

The Construct - December 2014

In This Issue: - Another Perspective: Constructing (and Eating) a Piece of the Energy Sector Pie - An Interview with Melvin Stroble, REM, Project Manager, Energy for Black & Veatch - Executive Order 13658...more

Not in My Kitchen – California Supreme Court Decertifies Golden State Boring Case

On November 11, 2014, the California Supreme Court rejected the recent California Court of Appeals decision Golden State Boring & Pipe Jacking, Inc. v Eastern Municipal Water District, 228 Cal.App.4th 273 (2014) which we...more

Saskatchewan Prime Contractor Regulations Coming into Force January 1, 2015

On January 1, 2015, The Occupational Health and Safety (Prime Contractor) Regulations will come into force in Saskatchewan (the Prime Contractor Regulations). If you are doing business in Saskatchewan, you should...more

AB 1897: California’s New Labor Contracting and Client Liability Law

California Governor Jerry Brown recently signed AB 1897 thereby creating new liability for businesses that engage in labor contracting. Current California law prohibits employers from entering into labor or services...more

The Customer is Sometimes Right

You’re a subcontractor with employees at your customer’s worksite. The customer orders you to remove an employee from the project. In fact, the customer emails you that the employee’s repeated safety complaints are killing...more

Weekly Update Newsletter - November 2014

DoD Issues Proposed Rule to Amend DFARS Inflation Adjustment of Acquisition- Related Thresholds (DFARS Case 2014-D025) - The Department of Defense (DoD) issued a proposed rule to amend the Defense Federal Acquisition...more

Overhaul of the Building and Construction Industry Payments Act 2004 (Qld): How the Changes Will Impact You

Introduction - The amendments to the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) were passed on 11 September 2014 and received assent on 26 September 2014. The changes contained in the...more

Subcontractors Can Still Perfect Mechanic’s Liens After Prime Contractors File Bankruptcy

One of the most common and effective ways for a subcontractor to secure a payment claim is to file a lien. Assuming any applicable, pre-lien notice requirements are satisfied, an unpaid subcontractor can lien a private...more

Construction Contract Payment Terms: Timing is Everything

In 2011 you will probably recall receiving a plethora of information about the amendments to the Construction Act (the “Act”) particularly the resulting “new” payment regime. There was a flurry of activity leading up to the...more

August 2014 Monthly Independent Contractor Compliance and Misclassification Update

This month’s headline development are the seismic decisions, issued on August 27, 2014 by the U.S. Court of Appeals for the Ninth Circuit, concluding as a matter of law that FedEx Ground had misclassified over 2,300 drivers...more

Colorado Construction Monitor - Summer 2014

In this Issue: - Denver’s construction activity approaching historic peak of 2007 - Market Update - Condominium Construction Defects Legislation Introduced - Whether for Cause or Convenience,...more

When Will You Get Paid? Depending on Your Contract, Maybe Never…

If you’re like anyone else, you think that once you’ve been hired, you perform your work and you get paid. Simple, sensible. The Ohio Supreme Court recently confirmed that like anything else, your right to be paid for your...more

The Construction Advantage – Issue 6

In our sixth issue of The Construction Advantage, we provide you with an all New England edition, focusing on the increased employment in the construction sector in Maine, a large court award related to the Big Dig, and the...more

The Construct - May 2014

In This Issue: - Green Law Corner - You Decide: Green Globes vs. LEED: The U.S. General Services Administration recently added Green Globes as an additional third-party green building certification system for...more

Illinois Court Holds Insured Cannot Deselect Insurer In Connection With Underlying Settlement

In its recent decision in AMCO Ins. Co. v. Cincinnati Ins. Co., 2014 Ill. App. LEXIS 296 (May 5, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an insurer selected by an insured’s...more

General Contractor May Be Liable for Subcontractor’s Failure to Assign Work as Required by Project Labor Agreement

In Sheet Metal Workers Int’l Ass’n Local Union No. 27 v. E.P. Donnelly, Inc., the United States Court of Appeals for the Third Circuit (the court supervising federal trial courts in Pennsylvania, Delaware, and New Jersey)...more

Enterprise Agreement Carve Out Clarity: Are You In Or Are You Out?

The Federal Court has handed down a decision in John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2014] FCA 286 (27 March 2014) which clarifies the approval process the Fair Work Commission (FWC) is...more

11th Circuit Affirms No Indemnity for a Subcontractor's Deceased Employee Under Employee Exclusion Contained in General...

On April 24, 2014, the United States Court of Appeals for the 11th Circuit issued an opinion affirming summary judgment deny a claim by the estate of a subcontractor's employee against a general contractor's commercial...more

Pennsylvania Supreme Court Unanimously Holds That Union Workers Are Not Subcontractors for Purposes of Pa. Mechanics' Lien Law

On April 17, 2014, the Supreme Court of Pennsylvania issued a decision eagerly awaited by owners, developers, contractors and others involved in the construction industry....more

Did you know? Recent changes in the law that may impact your construction projects in the Southeast.

Forum Selection Clause - The U.S. Supreme Court recently held that forum selection clauses should be upheld in most circumstances. Have you used a forum selection clause in your contracts which would maximize the...more

8(f) v. 9(a) Relationships in the Construction Industry: The Controversy Continues

Responding to an 11-year-old decision by the U.S. Court of Appeals for the D.C. Circuit, the National Labor Relations Board’s General Counsel recently issued a memorandum that provides guidance to NLRB regional offices on...more

Potential Liability of General Contractors for Actions of Subcontractors on PLA Projects

A Third Circuit ruling in a case brought by a sheet metal workers union raises the possibility that general contractors may be liable if their subcontractors fail to assign work in accordance with the terms of a project labor...more

Allegations in Third-Party Complaint May Trigger Duty to Defend

Although a personal injury complaint filed by a subcontractor’s employee alleged direct negligence only against the additional insured contractor, the vicarious liability coverage afforded the additional insured was...more

Legislative Update

Construction legislation in the 2013 session was much different from 2011. In 2011 many new construction related laws were passed including governance of indemnities and mechanic’s liens. In 2013 many significant...more

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