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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

Insurance Recovery Law -- Jul 11, 2013

A little knowledge can go a long way - The cases analyzed in this week's newsletter illustrate an important principle for policyholders: a basic understanding of how their policies work and the controlling insurance...more

Burr Alert: Ground Control, LLC v. Capsco Industries, Inc., et. al.: Opening The Door To Claims By Unlicensed Contractors In...

The Mississippi Supreme Court, in a case of first impression, recently addressed claims for nonpayment by contractors performing work in the state in violation of Miss. Code Ann. Section 31-3-15, which requires contractors...more

Liability of a General Contractor for Injuries Caused by Negligent Subcontractor

Because a general contractor is generally in charge of the entirety of a construction project, it is often assumed, and alleged in lawsuits, that the general contractor is legally responsible for the safety of the jobsite. ...more

Comparison of Economic Development Incentives for South Carolina and North Carolina

In This Presentation: - Business Consideration – Electricity Rates - South Carolina vs. North Carolina - Corporate License Fees/ Franchise Taxes - Income Tax Rates (C Corps) - Income Tax...more

Economic and Fiscal Impact of “Line Jumpers”

In This Presentation: - What’s a “Line Jumper”? - Today’s Example - Jobs - Capital Investment - Construction Impact - Fiscal Impacts from Construction - Employment Impacts...more

Rogers Towers: New Law Alters Liability for Architects and Engineers

Of recent interest to architects, engineers and owners, Governor Scott signed into law an act relating to design professionals which limit their individual liability in certain circumstances. The new statute created by this...more

Under Construction - June 2013: New Mexico’s Anti-Indemnity Act and Additional Insured Provisions

The New Mexico Anti-Indemnity Act related to construction projects was adopted to “promote safety in uniquely hazardous work place environments,” like construction sites, by holding each party accountable for its actions on a...more

Fenwick Employment Brief - June 2013: Court Rejects Walmart’s Bid to Kick Negligent Hiring Claim by Contractors’ Employees

A California federal district court held that companies may owe a duty of care to their prospective contractor’s employees in the hiring of such contractors. In Carrillo v. Schneider Logistics, Inc., plaintiff Everardo...more

Seventh Circuit Holds Contractor Bodily Injury Exclusion Inapplicable

In its recent decision in Atlantic Casualty Ins. Co. v. Paszko Masonry, Inc., 2013 U.S. App. LEXIS 11561 (7th Cir. June 7, 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether a...more

New Florida Statute Allows Limitation of Design Professional Liability

Over the past fourteen years, third parties have been able to maintain a direct negligence cause of action against an individual design professional, such as an architect or engineer, arising out a construction project,...more

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

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

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

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

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

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

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

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

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

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

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

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