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Construction Updates

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Second Circuit Finds Arbitrator Did Not Commit A Manifest Disregard Of The Law In Dispute Over Construction Work At The Whitestone...

by Carlton Fields on

In a dispute between a construction company hired by New York State to replace a portion of the Whitestone Bridge and a steel company regarding the timeliness of certain deliveries related to the project, the Second Circuit...more

Termination for convenience: What is the contractor entitled to?

by White & Case LLP on

Construction contracts often include termination for convenience clauses. Three recent cases highlight the potential financial implications of terminating for convenience....more

"New York Requires Contractors to Disclose Employee Salary Data"

In January 2017, New York Gov. Andrew Cuomo issued Executive Order 162 (the order) requiring state contractors to disclose the salary paid to employees who work on the contract. The order attempts to address disparity in pay...more

Rules of the Drone. The New FAA Drone Rules For Your Construction Site

About ten years ago, I visited a college friend in Simi Valley, California. He graduated Purdue with an Aeronautical Engineering degree and had left Indiana to work for a company developing unmanned aircraft for the military....more

In New Contract Documents, AIA Bolsters Insurance Requirements: An In-Depth Look

by Faegre Baker Daniels on

Most contract documents published by the American Institute of Architects (AIA) are on a ten-year drafting cycle. The principal owner-architect agreements, owner-contractor agreements, as well as the general conditions...more

These Class Action Lawyers Made Their Fees The Old-Fashioned Way. They Earned Them!

by Brooks Pierce on

It's not very often that I see a fee application in a settled class action in the Business Court that doesn't strike me as requesting approval of an overpayment for a less than successful result. Those are most often in the...more

New York Mandatory Pay Notices: What Employers Need to Know

by Farrell Fritz, P.C. on

While employers generally provide detailed information to new hires about their pay, New York law now requires employers to provide written notice to employees when they are hired. A failure to provide the required written...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19734 - Wall Systems, Inc. v. Pompa - Plaintiff - construction company - discovered one of its supervisors who was paid ~$200k/year was working for a competitor at the same...more

Stored Materials: Finding Common Ground between Borrower and Lender

Stored materials present a potentially serious point of tension between lenders and borrowers in the negotiation of a construction loan agreement. In construction lending, the term “stored materials” refers to the materials...more

Rusty Patched Bumble Bee Listing Begins to Sting

by Locke Lord LLP on

On April 17, 2017, a federal judge in the Northern District of Illinois granted a temporary restraining order halting construction of a six-mile stretch of highway in suburban Chicago in response to allegations by project...more

Is your letter of intent a patchwork of provisions?

by Dentons on

Lawyers will generally recommend that you agree and sign a formal contract before starting work on site. That said, despite good intentions, commercial necessity often requires parties to start the works before finalising the...more

IRS Announces Disagreement with Ninth Circuit’s Holding on Completed Contract Method of Accounting

by Miles & Stockbridge P.C. on

The IRS recently announced its disagreement with the Ninth Circuit’s ruling that, with respect to planned communities, the 95% test under the completed contract method of accounting applies on a development-wide basis rather...more

Oportunidad adicional para una mayor extensión de permisos de construcción y órdenes de desarrollo

Debido a la reciente declaración del gobernador Scott acerca del estado de emergencia por el virus del Zika, quienes cuenten con permisos y órdenes de desarrollo tienen otra oportunidad para suspender el período restante para...more

El secretario de vivienda, Ben Carson, pone en marcha asociación público-privada para viviendas públicas

Ayer, el condado de Miami-Dade recibió al Dr. Ben Carson, secretario del Departamento de Vivienda y Desarrollo Urbano de Estados Unidos, en la urbanización pública Liberty Square, una de las más antiguas del país. La reunión...more

3 Things Contractors Should Do Now to Ensure “Buy American” Compliance in the Wake of Trump’s Executive Order

by Carlton Fields on

"Buy American, Hire American" is no longer just a campaign slogan. It is the subject of an Executive Order signed by President Trump on April 19. The order details the Trump administration’s policy of ensuring compliance with...more

California OSHA Delays Enforcement of Construction Silica Standard

by Jackson Lewis P.C. on

On April 19, 2017, the Department of Industrial Relations for the State of California issued an important update to Cal/OSHA’s new Respirable Crystalline Silica Standard for Construction. The standard is substantially...more

New State Construction Notices Directory: A Valuable Tool for Owners

by Cozen O'Connor on

Effective December 31, 2016, Pennsylvania’s Mechanics’ Lien Law of 1963 (lien law) was amended to allow for an online State Construction Notices Directory (directory) to provide notice to parties involved in projects costing...more

Do I really need my own lawyer if the insurer is giving me one? (law note; tip)

by Melissa Dewey Brumback on

Several readers have reached out to me about my post on getting a Reservation of Rights letter with comments and questions. The most common refrain has been something along the lines of: “Do I really have to hire my own...more

Supreme Court of California Holds That a Losing Bidder on a Public Works Contract Cannot Sue the Winning Bidder for Intentional...

by Pepper Hamilton LLP on

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., 2017 Cal. LEXIS 1024 (Cal. February 16, 2017) - This tort lawsuit relates to a dispute over the bidding process on several public works contracts in...more

First Quarter CEQA Update in Under 60 Seconds

by Stoel Rives LLP on

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more

American Institute of Architects Releases 2017 Contract Documents

by Lane Powell PC on

Lane Powell strives to help our clients stay ahead of the curve on all matters concerning construction law. This is a quick note to let you know that the American Institute of Architects (AIA) released its 2017 Construction...more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

When does a disagreement become a dispute?

by Hogan Lovells on

Large construction projects provide significant scope for disputes of various types to arise between contractors and employers. An essential aspect to resolving the parties' disagreements, both in the course of executing the...more

Construction Safety: Lessons From 2016 and Remedies in 2017

While each year there are reports and statistics regarding the annual number of construction accidents and fatalities in New York City, 2016 will likely be remembered as the year when a construction accident could, and did,...more

New Bankruptcy Case Limits Assertion of Post-Bankruptcy Construction Liens

by Saul Ewing LLP on

On March 30, 2017, the United States Court of Appeals for the Third Circuit issued a decision that curtails the rights of suppliers to lien non-debtor third-party property following the bankruptcy filing of a construction...more

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