Construction Updates

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
News & Analysis as of

Project Built at Variance With EIR Subject to Late CEQA Lawsuit

Ordinarily the threat of a lawsuit under the California Environmental Quality Act (“CEQA”) passes once the statute of limitation expires – in most cases 30 days after the filing of a Notice of Determination. But a recent...more

SB 628: Investing Tax Increment in Infrastructure and Economic Development

It will be slightly easier for municipalities and special districts to harness the tax increment for financing infrastructure projects under Senate Bill 628. Infrastructure Financing Districts, which have existed in...more

Copyright in House Plans

A couple, the Ecklunds, approached Oakcraft Homes, a custom home-builder. Based on their discussions, Oakcraft prepared a house plan and gave a copy of the plan to the Ecklunds. The couple later took that plan to a rival home...more

The Construction Advantage – Issue 12

Welcome to the twelfth edition of The Construction Advantage! In this issue, we bring you issues of competitive bidding, more mechanics lien case law, and a Maine case of a dismissed appeal. We hope that you enjoy our...more

FHFA Orders Contributions to Housing Trust Fund

Earlier this month, the Federal Housing Finance Agency (“FHFA”) ordered Fannie Mae and Freddie Mac to begin making contributions to the Housing Trust Fund (“HTF”) and the Capital Magnet Fund (“CMF”). The HTF is a formula...more

The OECD Report: Shedding Light on Foreign Bribery

The OECD has been at the forefront of the global battle against corruption. Its recent report, Foreign Bribery Report (available here) the OECD provided important insights into the occurrence of foreign bribery....more

Equitable Subordination: Construction Lenders Beware

Atlantic Builders Group, Inc. v. Old Line Bank (In re Prince Frederick Inv., LLC), 516 B.R. 778 (Bankr. D. Md. 2014) – A construction contractor contended that the claim of the debtor’s construction lender should be...more

Learn from SONY: Don’t use trash talk in your construction project emails!

Lessons in construction administration come from everywhere — including the SONY scandal. In case you are a bear hibernating in a cave (in which case, go back to sleep!), you’ve heard about the SONY hacking that was...more

Compliance With Notice Provisions Can Make Or Break Your Bottom Line

Over the past decade, courts in Ohio have confirmed time and time again that they will strictly enforce notice requirements in construction contracts where a contractor or subcontractor seeks additional time or compensation. ...more

Guarantors of a Construction Loan were Exonerated From Liability by a Bank's Misconduct Under the Loan Agreement, Notwithstanding...

California Bank & Trust's predecessor bank ("Bank") granted a $22.5 million construction loan to Five Corners Rialto, LLC ("Five Corners") to develop a 70-unit townhome project in two phases. Two principals of Five Corners...more

Amendments to the Home Building Act

The Home Building Amendment Act 2014 (NSW) (the Amending Act) will significantly change the Home Building Act 1989 (NSW) (Home Building Act) and comes into force in late 2014 and early in 2015....more

What’s in that Contract Again? Reflections on the Recent Recession

During and immediately after the most recent recession, construction litigation seemed to hit an apex. New pre-litigation matters to resolve monetary disputes from recession-era construction projects continue to keep many...more

Construction Law Advisory - December 2014

In This Issue: - Retainage limited to 5 percent in Massachusetts: Outlier or coming to your state? - Pennsylvania overhauls mechanic’s lien law with creation of state construction notices directory -...more

Tax Extenders Signed into Law; Production Tax Credit Extended for Facilities Beginning Construction in 2014

Earlier today, President Obama signed the Tax Increase Prevention Act of 2014 (H.R. 5771) into law, following its passage through Congress on Tuesday. Among other things, the act will provide a one-year retroactive extension...more

It's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims

More than 20 years ago, the Watergate scandal taught us “it’s not the crime, it’s the cover-up” that does the damage. The ensuing decades have brought a steady stream of individuals and companies that had to learn the truth...more

Prepare Now for Minnesota Responsible Contractor Law

Contractors should prepare for Minnesota's Responsible Contractor Law, which will apply to most bid solicitations for state and local construction contracts in Minnesota issued after December 31, 2015. The law will apply to...more

Michigan Puts New Road-Funding Tax Structure Up For May 5 Referendum Vote

Michigan voters will have the final say on approving a deal between Gov. Rick Snyder and the Michigan Legislature to overhaul the state’s tax structure to fund road improvements at a referendum election on May 5, 2015. The...more

Bribery Is Not a Free Speech Right, Judge Says

In late 2012, a California district attorney’s office obtained an indictment charging 18 defendants, including school board members, administrators and contractors, with conspiracy, bribery, perjury, filing false gift reports...more

Surface Transportation Board Rules That ICCTA Preempts CEQA Review of California’s High-Speed Train System

On December 12, 2014, the Surface Transportation Board (STB) issued a decision, in response to a petition filed by the California High-Speed Rail Authority (Authority), finding that the Interstate Commerce Commission...more

Construction E-Note - December 2014

In this issue: - Construction Expected to Increase in 2015 - What Now? Why Maryland's Decision to Recognize the International Green Construction Code May Signal a Major Shift in the Means Utilized to Implement...more

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

Connecticut Supreme Court Rejects Effort to Read Default Liability Provision into Public Works Payment Bond Law

In a unanimous decision, the Connecticut Supreme Court has declared that a public works payment bond surety does not forfeit its substantive defenses to a bond claim by failing either to pay or deny a claim within the...more

PA Supreme Court Grants Important Victory for Insurers Regarding CGL Coverage for Progressive Property Damage

In a comprehensive and sweeping opinion, the Pennsylvania Supreme Court affirmed several key principles of commercial general liability (CGL) policy interpretation in Penn National v. St. John, decided on December 15, 2014....more

Senate Approves Energy Tax Extenders

On Tuesday, December 16, 2014, the U.S. Senate passed the tax extenders bill by a vote of 76-16, extending a number of energy tax incentives through the end of the year. The Senate’s passage of H.R. 5771 followed the U.S....more

Heaven or Las Vegas

I was at the Construction SuperConference in Las Vegas this past week. It was good. Heard former Los Angeles Mayor, Antonio Villaraigosa, the self proclaimed “Transportation Mayor,” talk about Los Angeles’ mass transit...more

3,988 Results
|
View per page
Page: of 160

Follow Construction Updates on: