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Sometimes the Real Fight is Before the Fight

One of the things I learned while lobbying in Washington, D.C. is the importance of the House Rules Committee. The Rules Committee, as its name suggests, sets the rules. Specifically, the scheduling of bills, the allotted...more

Did you know? Recent changes in the law that may impact your construction projects in the Southeast.

Forum Selection Clause - The U.S. Supreme Court recently held that forum selection clauses should be upheld in most circumstances. Have you used a forum selection clause in your contracts which would maximize the...more

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

Business Court Makes North Carolina Safe For Construction Lawyers

Construction lawyers in North Carolina can breathe a sigh of relief. On Friday of last week, the Business Court ruled that the service of on-line service provider Lienguard in preparing claims of lien constitutes the...more

The Condominium Form Of Ownership

In Alabama, contractors and subcontractors performing work involving common elements of the condominium at the request and direction of a condominium association should be aware of unique laws applicable to their lien rights...more

Your Venue, My Bond Claim: A Florida Law Primer

Construction clients very often perform work in places far from either the corporate office, or far from the construction client's local office. Our clients even perform work - dare we admit - far from their attorney's...more

Construction Law Alert: Long Term Express Warranties

A recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective. In a divided opinion in Christie v. Hartley Construction, Inc., the court held that the...more

After Boardwalk: The IRS Issues Safe Harbor Guidance for Historic Tax Credit Transactions

Immediately upon its publication, The United States Court of Appeals for the Third Circuit’s decision in Historic Boardwalk Hall, LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), cert. denied, 133 S. Ct. 2734 (2013) put...more

Illinois Federal Court Grants Summary Judgment in Favor of Insurer on “Vexatious and Unreasonable” Claim by Insured

In One Place Condominium, LLC v. Travelers Property Casualty Company of America, 2014 U.S. Dist. LEXIS 33974 (N.D. Ill. March 17, 2014), plaintiffs One Place Condominium LLC, The South Loop Shops LLC, Southblock Development...more

Out-of-State Design Professional Firms Must Register in Nevada to Enforce Contracts for Compensation in Nevada

Nevada, being a small state with a huge tourist attraction (Las Vegas), has often seen out-of-state design and construction professionals retained to provide their unique talents to create landmark quality design or...more

Construction & Engineering Briefing - March 2014: Caps on Liability - how are they applied by the courts?

In a recent case that came before the High Court, the Court considered a contract clause which attempted to impose a financial cap on the contractor's liability. The case acts as a reminder to those who negotiate and draft...more

Update on State Statutes Restricting "Out-of-State" Arbitrations - IADC ADR Committee Chair Val Stieglitz of Nexsen Pruet reports...

Congress passed the Federal Arbitration Act (FAA) in 1925 to place arbitration agreements on the same footing as other contracts.1 Under the FAA, an arbitration provision “shall be valid, irrevocable, and enforceable, save...more

JAMS Global Construction Solutions Newsletter, Winter 2014

In This Issue: The Evolution of Expert Witness Law under U.K. and U.S. Jurisdiction; ConsensusDocs Lists JAMS as One of Two Named Arbitration Providers; Using Attorneys’ Fees to Promote a Better Result; Using...more

Court of Appeal Confirms that Laborers and Materialmen Have Priority over Construction Lenders to Funds Used to Develop the...

A California Court of Appeal recently ruled that a construction lender must make available to stop notice claimants those amounts which the lender has already disbursed to itself on the construction loan. (Brewer Corp. v....more

Mortgage Lenders Can’t Jump Ahead of Mechanic’s Liens

In Weitz Co., LLC v. Heth, 223 Ariz. 442, 314 P.3d 569 (Ct. App. Nov. 26 2013), the Arizona Court of Appeals held that the plain language of Arizona’s mechanic lien statute, A.R.S. § 33-992(A), does not allow a lender to jump...more

There’s a Reason Why It’s Called a “Stop Payment” Notice Not a “Let Me Pay Myself First” Notice

In a decision published January 31, 2014 (Brewer Corp. v. Point Center Financial, Inc.), the California Court of Appeal (Fourth District) affirmed a trial court’s judgment holding a lender liable for contractors’ stop notice...more

Appellate Court Notes - Week of February 10

AC35257 - Lagueux v. Leonardi: This decision has general applicability to the right of the State to ensure an applicant for a license is of good moral standing. The majority concluded that the Connecticut Insurance...more

The Construction Advantage

We hope you enjoy Bernstein Shur’s first edition of The Construction Advantage. This newsletter will provide you with insight into the current legal issues in construction, news and updates. We hope in this newsletter and...more

BE&K Engineering Co., LLC v. RockTenn CP, LLP, C.A. No 8837-VCL (Del. Ch. Jan. 15, 2014) (Laster, V.C.)

In this memorandum opinion, the Court of Chancery granted a motion for partial summary judgment and issued a permanent anti-suit injunction, finding that the agreement governing the Delaware and Georgia litigation contained a...more

ConstructLaw - January 2014

U.S. Supreme Court Holds Forum-Selection Clauses Are Presumptively Enforceable - Atl. Marine Constr. Co. v. United States Dist. Court 2013 U.S. LEXIS 8775 (U.S. 2013) - This action arose out of a forum-selection...more

Texas Supreme Court Reverses Lower Court’s Holding Excluding Construction Defect Claim From Coverage Under CGL Policy

In a victory for contractors, the Texas Supreme Court recently held that a contractor does not lose coverage under its commercial general liability (“CGL”) policy merely because it entered into a contract agreeing to perform...more

Texas Supreme Court Rejects Insurer Attempt to Expand Limited Insurance Exclusion for Liability Assumed by Contract, Holding that...

In a highly anticipated ruling earlier this month, the Texas Supreme Court rejected Amerisure Insurance Company’s attempt to radically expand the scope of a common exclusion for liability assumed by contract found in many...more

Illinois Supreme Court Holds Five-Year Statute Applies to Fraud Claims Against Architects

On Friday afternoon, in an opinion by Justice Robert R. Thomas, a unanimous Illinois Supreme Court held that fraud-based claims against architects are subject to a five-year statute of limitations. In Gillespie Community Unit...more

Sin of Omission: Ninth Circuit Splits with the Fifth, Finds That Failure to Include Addendum No. 2 Creates Ambiguity in Marine...

In a marine builder's risk policy coverage dispute decided under Washington state law, the United States Court of Appeals for the Ninth Circuit reversed and remanded a grant of summary judgment for Underwriters. ...more

Forum Selection Clauses in Construction Contracts: Part Two

The U.S. Supreme Court recently made our work as drafters of construction contracts a little easier. In the case of In re Atlantic Marine Construction Co., the U.S. Court of Appeals for the Fifth Circuit had refused to...more

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