Conflict of Laws Construction

Read Conflict of Laws updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

Utah Rejects the Multi-Employer Worksite Doctrine: General Contractors are Only Responsible for the Safety of Their Employees at a...

The Utah Supreme Court recently held in Hughes General Contractors, Inc. v. Utah Labor Comm’n that the multi-employer worksite doctrine, which makes a general contractor responsible for the safety of all workers at a...more

Update on State Statutes Restricting "Out-of-State" Arbitrations - IADC ADR Committee Chair Val Stieglitz of Nexsen Pruet reports...

Congress passed the Federal Arbitration Act (FAA) in 1925 to place arbitration agreements on the same footing as other contracts.1 Under the FAA, an arbitration provision “shall be valid, irrevocable, and enforceable, save...more

Controversial New Law Conditions State Funding on Charter City Compliance With State Prevailing Wage Law for Locally Funded...

SB 7 Could Face Legal Challenges - A charter city’s right in California to exempt itself from the payment of state prevailing wages on locally funded public works projects was placed at risk by the passage of Senate...more

Taxation on Indian Reservations: To Balance or Not to Balance, That Is the Question

Introduction - The ability of the states to impose a tax upon transactions occurring on an Indian reservation has evolved substantially in the past 50 years. After numerous court decisions, the Indian preemption...more

New Decision Helps Multifamily Developers by Striking Down a Restrictive Local Ordinance

On July 11, 2013, in Latinos Unidos del Valle de Napa y Solano v. County of Napa (A135094), the First District reversed and remanded a trial court's decision that Napa County's restrictive density bonus ordinance did not...more

Contractors Beware: Raising The Stakes In Davis-Bacon Compliance

A recent decision by a Pennsylvania district court lends support for a growing trend of filing claims under the Federal False Claims Act based on allegations that contractors on federally funded construction projects...more

Second Circuit Reaffirms Preemptive Scope Of The Davis-Bacon Act

Last week the Second Circuit issued an opinion reaffirming that the Davis-Bacon Act preempts state law claims by workers to enforce prevailing wage rates as third-party beneficiaries to a contract....more

Arbitrate, don't surrender!

One-sided arbitration clauses don't survive judicial scrutiny in Maryland's state and federal courts. Maryland contract law will not enforce an arbitration clause lacking mutuality of consideration....more

Litigation Update: California Supreme Court Grants Review Of L.A. Light Rail Case

On August 8th, the California Supreme Court granted review of the Second District Court of Appeal’s decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority. As previously blogged in April, the...more

Prevailing Wage Update: Charter City Public Works Projects Are Not Subject to Prevailing Wage Requirements

Charter cities are not required to comply with California’s prevailing wage law with respect to construction contracts for public buildings, according to a July 2, 2012, California Supreme Court decision. The underlying facts...more

Gewerberecht - Gewerberecht in Belgien

Sowohl die Handelstätigkeit, als auch das Handwerk sind in Belgien ausführlich gesetzlich geregelt. Dabei unterscheidet sich das Handwerk von der Handelstätigkeit insofern, als durch das Handwerk vornehmlich...more

Arbitration in California Construction Defect Cases - After AT&T Mobility v. Concepcion

The U.S. Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion, 563 U.S. ___, 131 S.Ct. 1740 (2011) (Concepcion) has engendered considerable controversy for upholding arbitration provisions in consumer contracts...more

ADR in construction disputes

Most industry standard forms of agreement that address arbitration seem to be limited to providing the most basic submission agreement. Pre-dispute attention to the arbitration provisions of contracts can help avoid...more

Michigan Supreme Court Clarifies The Applicable Limitations Period For Breach Of Contract Actions Against Engineers, Architects,...

For more than 20 years, there has been a split of authority over the applicable statute of limitations for a breach of contract action arising from faulty construction work that did not result in “injury to property” or...more

Local Air District Rule Requiring Development Sites To Reduce Amount Of Pollutants Emitted Not Preempted By The Clean Air Act

National Association of Home Builders v. San Joaquin Valley Unified Air Pollution Control District, No. 08-17309, (9th Cir., December 7, 2010) In NAHB v. San Joaquin Valley UAPCD, the United States Court of Appeal for the...more

"Pay if Paid" Clause Unenforceable in New York

"Pay if paid" clauses are typical in many construction contracts around the country. But in New York, the "pay if paid" clause has been deemed to be against public policy and is unenforceable....more

Because of Federal Preemption, Project Owner Cannot Seek Indemnity from Architect for Failure of Design To Meet Fair Housing Act...

The United States Court of Appeals for the Fourth Circuit recently held that federal preemption precluded a project owner from seeking indemnity from its architect based upon the failure of the architect's design to meet the...more

Parques urbanos: a natureza na cidade - uma análise da percepção dos atores urbanos

Parques urbanos têm sido criados em todo o mundo desde o século XVIII, com objetivos de amenizar os problemas sociais e ambientais citadinos gerados pelo crescimento urbano desordenado. Esses espaços...more

18 Results
|
View per page
Page: of 1

Follow Conflict of Laws Updates on: