Construction Business Organization

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Legal issues for those running construction businesses

Insolvency issues - A review of the corporate insolvency regime: our Insolvency team recently responded to the government consultation on options for reform of the UK's corporate insolvency regime. It wants the UK to...more

Construction One-Minute Read: Carefully Crafting Internal Reports

Contractors often prepare internal investigative reports concerning situations that could lead to future litigation. Like most other internal business records, internal reports are discoverable in litigation. Once disclosed...more

How to enforce adjudication decisions and deal with insolvency

Adjudications on the increase - Anecdotal evidence suggests that adjudications are still on the increase. This increase is supported by the statistics in the Adjudication Society's 15th report, which shows a 5 per cent...more

Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions

The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review...more

Weekly Update Newsletter - October 2016 #3

SMALL BUSINESS ADMINISTRATION - Small Business Mentor-Protégé Programs - Corrections - The SBA has issued technical corrections to its final rule published in the Federal Register on July 25, 2016 (81 FR 48557),...more

SOPA takes a backseat: The role of cross-demands in setting aside statutory demands issued pursuant to judgments made in terms of...

The High Court has ruled that a statutory demand based on a judgment pursuant to an adjudication determination made under the Building and Construction Industry Security of Payment Act (SOPA) can be set aside on the ground...more

The Oman Update – October 2016

Regulations for registration of company trade names - Ministerial Decision No. 124/2016 came into force on 27 April 2016 and, in summary, prohibits the registration of company names that:...more

Double-Breasted Company Owners, Officers Can Be Indicted for Underpaying Benefit Contributions

The U.S. District Court for the District of Massachusetts held in September that the shareholders and officers of a double-breasted construction company can be indicted and could go to prison if the government proves they...more

Weekly Update Newsletter - September 2016 #4

GOVERNMENT CONTRACTS - Amendments to Department of Defense (“DOD”) Mentor-Protégé Program DOD has issued a proposed rule which will amend the DFARS to implement Section 861 of the NDAA 2016, which provides amendments...more

Recycled Water and New Construction. New Standards Being Considered.

The second a series of stockholder meetings will be held on August 30, 2016 in Sacramento, California to consider proposed amendments to the state building code for the installation of recycled water systems for newly...more

Investor-initiated integrated site development: new opportunities

Starting 1 January 2017 holders of land plots and the immovable properties on the land plots will be able to get approved site development and site survey plans within one month without public hearings as part of integrated...more

Disclosing bribery conduct not an easy decision for US companies

While the US Securities and Exchange Commission’s (SEC's ) recent announcement of two non-prosecution agreements (NPAs) with Akamai Technologies, Inc. (Akamai) and Nortek, Inc. (Nortek) in matters involving books and records...more

Remission of stamp duty on certain conveyance directions - Licensed housing developers

Introduction - 1. Where a party (Vendor) enters into an agreement (Main Contract) to transfer any immovable property (Property) to another party (Initial Purchaser), and before having obtained a conveyance of the...more

First conviction made under the Bribery Act

A substantial fine of £1.4 million in addition to costs and a confiscation order of £851,152.23 has been made against The Sweett Group plc following its conviction under section 7 of the Bribery Act 2010. The company had...more

Portuguese-Owned Construction Firms No Longer Certifiable as Minority-Owned Businesses in Massachusetts

In the wake of a recent Superior Court decision in Massachusetts, the Commonwealth no longer recognizes Portuguese-owned construction firms as minority-owned businesses (MBEs). Massachusetts General Laws ch. 7C sec. 6...more

IRS modifies and extends continuity safe harbor, clarifies other guidance for production tax credit eligibility

The IRS has released Notice 2016-31, which extends and modifies the “continuity safe harbor” for purposes of the “begun construction” requirement applicable to the renewable electricity production tax credit (PTC) under §45...more

Weekly Update Newsletter - May 2016 #2

LABOR AND EMPLOYMENT - Overtime Final Rule - The Department of Labor issued its final overtime rule which updates the salary level required for the executive, administrative, and professional (“white collar”)...more

IRS Issues Guidance on Beginning of Construction Rules for Renewable Projects

On May 5, 2016, the Internal Revenue Service (IRS) issued Notice 2016-31, providing guidance on meeting the beginning of construction requirements for wind and other qualified facilities (including biomass, geothermal,...more

After Extension, IRS Clarifies "Begun Construction" Guidance for PTCs

Following last year's extension of the investment tax credit for qualifying projects for which construction begins prior to January 1, 2020, and of the production tax credit (PTC) with respect to certain facilities the...more

Will Expanding P3 Legislation Impact You?

Recent legislation in Kentucky and Tennessee: Kentucky and Tennessee have recently been added to the growing list of states allowing the use of public-private partnerships (P3). The Kentucky Legislation (HB 309) was...more

Tax Newsletter - January / February 2016 (China & Hong Kong)

Welcome to the latest issue of our Tax newsletter. In this issue, we have covered a number of developments and cases in the PRC and Hong Kong which could impose legal and tax implications to your business. In the PRC,...more

4 Considerations for Mechanic's Liens on Alternative Energy Projects

Securing payment is critical for contractors, and contractors, subcontractors and suppliers often rely on their mechanic’s lien rights. However, on wind and solar electrical generation projects, unusual considerations can...more

CHINA EXPANDS VAT REFORM TO NEW SECTORS

China's Premier Li Keqiang has announced, in the Annual Government Working Report to the National People's Congress, held in March that Value Added Tax ("VAT") reforms will be fully implemented and expanded from 1 May 2016 to...more

Jordan Cove LNG Setback

In a move that surprised some industry observers, on March 11, 2016, the Federal Energy Regulatory Commission (FERC) issued an order (the “Order”) that (i) denied Jordan Cove Energy Project, L.P.’s (“Jordan Cove”) application...more

New Developments in the Determination of the Texas Franchise Tax Liability

The Texas Franchise Tax is imposed on taxable entities that do business in Texas or that are chartered or organized in the state.  Taxpayers subject to the Texas Franchise Tax may compute their tax liabilities under several...more

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