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The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2

Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to...more

New Changes to the Late Payment of Commercial Debts (Interest) Act

On 16 March 2013, new regulations came into force in relation to the Late Payment of Commercial Debts (Interest) Act. Enacted to incorporate a recent EU Directive, these new regulations introduce a maximum payment...more

Under Construction - March 2013: The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs

On March 1, 2013, President Obama signed the order directing “sequestration” to go into effect. As has been repeated constantly leading up to sequestration, $85 billion will now be cut from the federal government’s budget...more

Under Construction - March 2013

In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more

Federal Sequester Likely to Affect Construction Industry

Continued budget cuts likely will trigger construction issues and disputes in the coming months and years. As a result, contractors should take precautions on federally funded construction projects. ...more

Design & Construction Practice: 2012 Year in Review

It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more

Enforcing Contractual Time Bars on Architect Liability

In Gillespie Community Unit School District No. 7 v. Wight & Co., the fourth and final new civil case added to its docket at the close of the January term, the Illinois Supreme Court will address an important issue for...more

Construction Insurance Rates Rise

Construction companies need experienced insurance attorneys to guide them now more than ever. That’s because the market for construction-related commercial general liability (CGL) insurance, and umbrella and excess liability...more

Mixed Results for Renewable Energy as State Assembly Goes on Recess

Three out of four is an exceptional batting average, but renewable energy advocates are undoubtedly disappointed by the one big loss they suffered in the recent legislative session. Three bills related to solar energy and...more

Retroactive Revival Of Liability By Legislation

The US Supreme Court sometimes makes news by refusing to hear cases, not by taking them. That was certainly the case on May 29, 2012 when the Supreme Court declined to hear a case in which Minnesota’s high court upheld state...more

The Davis-Bacon Corner

It is well-established that general contractors are responsible for their subcontractors’ compliance with Davis-Bacon. Nevertheless, we frequently encounter situations where the general contractor has failed to comply with...more

2012 Workers Compensation Reform In California

Workers Compensation reform is on the way. Cynics might ask, didn’t we do this several years ago? Yes we did. In the late 1990’s, overutilization of medical services, higher-than-normal indemnity benefit costs, and...more

Southern Seeding Service, Inc. v. W.C. English, Inc. et al

Appellee's Brief on Equitable Adjustment

A subcontract on a public construction project provided that the subcontractor's compensation should be equitably adjusted if work was ongoing after a specified date, but the subcontract did not specify how to calculate the...more

Changes to North Carolina Lien and Bond Law – What You Need to Know

A number of significant changes to North Carolina’s lien and bond statutes were just signed into law. In part, these changes are in reaction to concerns from the title insurance industry about so-called “hidden” liens, the...more

Construction Law Alert: "A Guide To North Carolina’s 2012 Mechanic’s Lien And Bond Law Changes"

The General Assembly’s 2012 “short session” resulted in many controversial changes to North Carolina’s mechanic’s lien and bond laws. The changes were included in two bills, House Bill 1052 and Senate Bill 42. Governor...more

Tennessee Legislature Amends Retainage Laws

Recent amendments to the retainage statutes, which take effect July 1, 2012, enhance the penalties for failing to properly withhold, deposit and release retainage on Tennessee projects. The changes also include new...more

Gewerberecht - Gewerberecht in Belgien

Sowohl die Handelstätigkeit, als auch das Handwerk sind in Belgien ausführlich gesetzlich geregelt. Dabei unterscheidet sich das Handwerk von der Handelstätigkeit insofern, als durch das Handwerk vornehmlich...more

"Construction in Saudi Arabia: the next big thing?" (as published in Asian Counsel magazine)

With the decline in the economies of the developed world, many construction and infrastructure companies are broadening their horizons. In particular, there has been huge interest in construction in the Kingdom of Saudi...more

Day Laborers & NC’s Lowest Responsible Bidder law (News Note)

Triangle Grading and Paving is a Triad-area company with multiple public contracts, 18 since 2000 from the NC Department of Transportation alone. Frequently the low bidder, Triangle Grading has a long history of performing...more

Asocierea in participatie in Noul Cod Civil

Asocierea in Participatie – o privire sintetica a reglementarii din Noul Cod Civil Prin aceasta abordare doresc sa motivez comunicarea opiniilor pro sau contra avand in vedere noutatea reglementarii dar si necesitatea...more

Construction OberView: "Objection, Privilege": Protecting the Attorney-Client Relationship amidst the Shifting Sands of False...

“Men must turn square corners when they deal with the Government.” – Justice Oliver Wendell Holmes, Jr. With the Government’s prosecution of False Claims Act (“FCA”) and Contract Disputes Act (“CDA”) violations on the...more

2012 California Construction Law Update

With the new year comes a host of changes to laws impacting the construction industry in California. Addressed below are some of the most important new laws to be aware of. Unless otherwise noted, all of these laws take...more

Project Labor Agreements Are Once Again Part of the Public Bidding Process in Philadelphia

On November 29, 2011, Mayor Michael Nutter signed Executive Order No. 15-11, which provides, effective immediately, that the City of Philadelphia may incorporate into its instructions to bidders, and other relevant bid...more

Construction OberView: Unbalanced = Unresponsive

In denying two appeals brought by Brawner Builder’s, Inc. (“Brawner”) against the State Highway Administration (“SHA”), the Maryland Board of Contract Appeals (the “Board”) upheld a decision by SHA that an unbalanced bid...more

8(a) Joint Ventures on Federal Construction Projects: More Work, More Hurdles and Likely Less Use

A good portion of federal government construction contracts are still set aside for or give preferences to certified socio-economic small businesses, such as 8(a), HUBZone, social-economic disadvantaged, veteran or...more