Construction Law, Civil Procedure, Administrative Law

Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers

by Joseph E. Lubinski, Patrick H. Pugh | Ballard Spahr LLP on 12/31/2012

A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit....more

Off the Beaten Path: The Federal Circuit Departs From Precedent in Lumbermens

by Sedgwick LLP on 11/19/2012

On August 23, 2011, the Washington, D.C. metropolitan area was surprised and shocked by an earthquake with a magnitude of 5.8, leading to the evacuation and temporary closing of multiple public and private buildings, and...more

Court Rejects Use Of Alter Ego Doctrine To “Borrow” Contractor License

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 11/15/2012

California’s Contractors’ State License Law, Business & Professions Code Section 7000 et seq., requires contractors to be licensed unless they are exempt from licensure. Those who perform contracting work without a license...more

Connecticut Supreme Court Reaffirms State's Immunity from Statutes of Limitation

by McCarter & English, LLP on 11/8/2012

In a decision followed closely by the construction industry, Connecticut's Supreme Court has issued a unanimous decision confirming a long-standing rule that statutes of limitations do not run against the State. The...more

Employment Law Newsletter - September 2012

by Bean, Kinney & Korman, PC on 9/17/2012

In This Issue: - Misclassifying Employees Results in $101,000 in Back Wages Charged to Local Business......................Page 1 - Should Courts Use Varying Standards for Sexual Harassment Claims Based on...more

Audit Provisions in Private Construction Contracts: Which Costs Are Subject to Audit, Who Bears the Expense of the Audit, and Who...

by Duane Morris LLP on 9/5/2012

Originally published in the Journal of the American College of Construction Lawyers, Volume 6, Number 2, Summer 2012. I. Introduction - Audit provisions are often included in private construction contracts where all...more

First District Reaffirms CEQA Is Concerned With Physical Impacts On The Environment, Not Economic Ones On Government Services

by Miller Starr Regalia on 7/13/2012

The First Appellate District recently ordered partially published its opinion in City of Hayward v. Board of Trustees of the California State University (2012) __ Cal.App.4th __, 2012 WL 2832858 (cert. for pub. 6/28/12),...more

California Supreme Court Rules that Prevailing Wage Laws Do Not Apply to Charter Cities

by Allen Matkins Leck Gamble Mallory & Natsis... on 7/9/2012

In a much anticipated decision, the California Supreme Court ruled on July 2, 2012, that charter cities in California may exempt themselves from state prevailing-wage requirements. In doing so, the Court affirmed the...more

Changes to California Mechanics’ Lien Laws Effective July 1 – Are You Ready?

by Manatt, Phelps & Phillips, LLP on 7/6/2012

On July 1, 2012, pursuant to Senate Bill No. 189 (“SB 189”), all of California’s laws regarding mechanics’ liens, stop notices and payment bonds were revised, renumbered, supplemented and/or replaced. Although some provisions...more

District Court Sustains Whistleblower Wrongful Termination Claim

by Katten Muchin Rosenman LLP on 6/25/2012

Plaintiff Benjamin Ashmore brought a claim alleging that defendants CGI Group Inc. (CGI) and CGI Federal Inc. (CGI Federal) violated Section 806 of the Sarbanes-Oxley Act, otherwise known as the whistleblower provision. The...more

Affordable Housing Project Found to Be Subject to Prevailing Wages

by Manatt, Phelps & Phillips, LLP on 6/22/2012

In a decision filed on June 15, 2012, the Fourth Appellate Court of Appeal determined that an affordable housing project in San Bernardino was subject to the requirement for the payment of prevailing wages under Labor Code...more

Engineer, Architect Not Guilty of OHSA Charges in Wall Collapse: Limitation Period Bars Charges

by Dentons on 5/31/2012

An engineer and architect were not guilty of Occupational Health and Safety Act charges where the wall collapsed more than one year after their work was completed. The Ontario Occupational Health and Safety Act states that...more

Use of Projected Future Conditions Appropriate Baseline for Analyzing Impacts of Long-Term Infrastructure Projects

by Sheppard Mullin Richter & Hampton LLP on 4/25/2012

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. (“Neighbors for Smart Rail”), the California Court of Appeal for the Second District considered plaintiff and appellant Neighbors for Smart...more

Choice Deprives Public Entity of Attorneys’ Fees on Stop Notice

by Farella Braun + Martel LLP on 3/19/2012

The California Court of Appeal clarified the law on a public entity’s right to recover attorneys’ fees in connection with its withholding of funds from a general contractor because of a stop notice filed by a subcontractor. ...more

Construction Alert: NOTICE! Pending Changes to Pennsylvania's Mechanics' Lien Law

by Schnader Harrison Segal & Lewis LLP on 1/26/2012

In order to promote full disclosure and identification of subcontractors (defined as both first and second tier subcontractors) who potentially might have a lien claim on a commercial construction project in Pennsylvania,...more

Complaints for False Claims Against the Government Require Specificity and Allegations that the Contractor Falsely Asserted it is...

by Snell & Wilmer L.L.P. on 10/5/2011

The False Claims Act, 31 U.S.C. § 3729 et seq., creates liability for companies and individuals that falsely assert to the federal government that the company or individual is entitled to receive government money or property,...more

Don’t Go Near the Water . . . Stymied by Congress, EPA and the Corps Issue New CWA Jurisdictional “Guidance”

by Morrison & Foerster LLP on 5/4/2011

On April 27, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) (“the Agencies”) issued draft guidance (“Proposed Guidance”) that signals a dramatic expansion of asserted...more

Sierra Club Challenges RUS Lien Accommodation Regulation

by Sutherland Asbill & Brennan LLP on 8/26/2010

The Sierra Club has broadened its campaign against approvals granted by the Rural Utilities Service (RUS) related to new coal plants involving electric cooperatives. Having previously challenged specific RUS approvals, the...more

Coastal Commission's No Substantial Issue Determination Will Be Upheld Even If Project Technically Not Consistent With LCP

by Sheppard Mullin Richter & Hampton LLP on 8/6/2010

In Hines v. California Coastal Commission, the First District Court of Appeal upheld the Coastal Commission’s determination that an appeal raised no substantial issue under the California Coastal Act, and went so far as to...more

A Retreat From Hard Line OCI Decisions? The COFC Overturns A Controversial GAO Ruling

by Sheppard Mullin Richter & Hampton LLP on 8/6/2010

On July 16, 2010, the Court of Federal Claims (“COFC”) determined that a Government Accountability Office (“GAO”) bid protest recommendation that an awardee, Turner Construction Co. (“Turner”), be disqualified on the basis of...more

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

by Reed Smith on 6/10/2010

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

Housing Advisory: Supreme Judicial Court Issues Two Decisions about When Towns Can Litigate Their Compliance with Chapter 40B's...

by Mintz Levin - Real Estate on 6/5/2008

On May 27, 2008, the Massachusetts Supreme Judicial Court (SJC) issued two decisions, both involving a town’s desire to receive a ruling from the courts as to whether the town had met Chapter 40B’s statutory threshold of 10%...more

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Construction Law › Civil Procedure › Administrative Law