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Construction Civil Procedure Business Organization

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

Projects Disputes in Australia: Recent Cases

by Jones Day on

Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more

How to enforce adjudication decisions and deal with insolvency

by Dentons on

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

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

by Dentons on

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

Affirmed: New York’s Application of the In Pari Delicto Doctrine Bars Faithless Servant Claim and Bankruptcy Insider Exception

by Cole Schotz on

A recent decision of the United States District Court for the Southern District of New York (the “District Court”), affirming a decision of the United States Bankruptcy Court for the Southern District of New York (the...more

Legal Landscape: Top News in the Mentor-Protégé Program, Bond Claims & DBE Fraud

Welcome to the third edition of Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government...more

Piercing The Corporate Veil Takes More Than Just Fraud By The Individual

Many of us have endured the nightmare of a disastrous home renovation or at least enjoyed Tom Hanks in The Money Pit (How long? Two weeks, of course). Well imagine spending half a million dollars, not for a new and improved...more

Court Of Chancery Explains Jurisdiction For Veil-Piercing

by Morris James LLP on

This is an interesting decision for its discussion on what must be pled to obtain Chancery jurisdiction in a claim seeking to pierce the corporate veil. It is not enough to just allege the entity was used to defraud. Rather,...more

Security of Payment Legislation and Set-Off Under Commonwealth Insolvency Laws

by K&L Gates LLP on

A recent Victorian Supreme Court case has clarified the impact of Commonwealth insolvency set-off provisions on State-based security of payments legislation. The case demonstrates that although a principal is generally...more

Collateral Estoppel Sinks LLC Members' Claim

by Brooks Pierce on

It might seem uncontroversial that the members of a limited liability company cannot follow with a personal lawsuit for injuries after their LLC litigates, and loses, claims based on the same issues. But it took the Business...more

Corporate Shield Holds Up Against Creditor

by Brooks Pierce on

There's no expression when speaking of football players to recognize a performance that hits three exceptional marks (like a hat trick in hockey or a triple double in basketball or the triple crown in baseball). Maybe there...more

California Court of Appeal Strictly Enforces Carveout Guaranty

In “what appears to be an issue of first impression, not only in California, but in the entire country,” the California Court of Appeal in Series AGI West Linn of Appian Group Investors De LLC v. Eves (June 14, 2013)...more

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

by Snell & Wilmer on

Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more

FCA affirms the importance of GAAP in computing liability for LCT rejecting the Crown’s economic substance argument

by Dentons on

The Federal Court of Appeal has once again affirmed the importance of Generally Accepted Account Principles (GAAP) in computing liability for the large corporation tax (LCT) applicable prior to 2006 while rejecting the...more

Construction OberView: Condo Unit Owners Have Right of Action Against Council of Unit Owners for Failing to File Timely Suit...

by Baker Donelson on

The Maryland Court of Special Appeals has recognized a cause of action by individual condominium unit owners where the council of unit owners has failed to take timely legal action against the project’s developer to address...more

Consumer Fraud Claims Between Merchants In Commercial Transactions

by Kevin O'Connor on

In my prior articles I’ve reviewed the dramatic changes in the law of late, where New Jersey courts have applied the New Jersey Consumer Fraud Act (“CFA”) in any number of circumstances beyond the consumer context. Opinions...more

Corporate Protection and Negligence Claims in the Construction Industry

by Poyner Spruill LLP on

Recently the North Carolina Court of Appeals in White v. Collins Building, Inc. et al., addressed the issue of whether a homeowner has a negligence claim against its builder’s principal when the builder was a corporation. The...more

Involuntary Bankruptcy as a Collection Tool

by Zumwalt Law Group on

Although the tactic does not receive much publicity, the filing of an involuntary bankruptcy petition against a business debtor can be an effective collection tool under the right circumstances. Learn the requirements and...more

Should I stay or Should I go: Court versus Arbitration

by Melissa Dewey Brumback on

Are you wondering whether Court or Arbitration should be made a standard part of your construction contracts? With apologies in advance to The Clash, there is "trouble" to be found in either venue. This article discusses the...more

Contributory Negligence on the Construction Law Project in North Carolina

by Melissa Dewey Brumback on

I’m sometimes asked if the percentage of “fault” is something that a client can rely on to reduce the amount of money they may owe on construction project gone bad. The short answer: no. Unlike in many other...more

Active vs. Passive Negligence on the Construction Project

by Melissa Dewey Brumback on

If you work on a North Carolina construction project, you, too, are in "the whole hog" if you are negligent. That is, if you are negligent at all, you are on the hook for the full lot. While generally, joint tort-feasors...more

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