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Construction Updates

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

Arkansas Asbestos Abatement Grant Program: Arkansas Department of Environmental Quality Seeks Public Comment on...

The Arkansas Department of Environmental Quality (“ADEQ”) issued, pursuant to its Arkansas Asbestos Abatement Grant Program (“Program”), a Procedures and Applicant Guide (“Guide”). ADEQ is soliciting comments on the Guide...more

Construction One-Minute Read: California Officials Put Additional Pressure on General Contractors to Prevent Wage Theft

General contractors’ top priorities on a construction project are completing the work on time, completing the work within budget, and guarding against future construction defect claims. New and pending laws in California,...more

Do you know the full extent of your contractual obligations (and can you meet them)?

by Dentons on

In 125 OBS (Nominees 1) & Anor v. Lend Lease Construction (Europe) Ltd & Anor [2017] EWHC 25 (TCC), the court found the contractor liable for the highly publicised failure of glass panels at a prestigious building in London....more

UC Merced Celebrates One-Year Anniversary of Groundbreaking for 2020 Project

by Nossaman LLP on

This week, the Regents of the University of California and the University of California, Merced are celebrating the one-year anniversary of groundbreaking for the $1.3 billion, 1.2 million GSF UC Merced 2020 Project (the...more

A Lesson on Good Faith and Fair Dealing in Solar Construction

Late last year, a federal trial court in New York awarded a solar development company $11.6 million in damages against Suffolk County arising out of a dispute on a multi-site carport solar construction project. The basis for...more

California Governor Approves Three More Employment Laws: “Ban The Box”; Expansion of Sexual Harassment Training; and Contractors...

The deadline for California Governor Jerry Brown to sign new bills into law officially expired October 15, 2017. In addition to signing five bills last week, the Governor signed three more employment-related bills into law...more

Construction Contracts: When Is Industry Best Practice Not Good Enough?

by Jones Day on

The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more

Common Law/Clean Water Act Action: Lawrence County Landowners Lawsuit Challenging Lawrence County, Arkansas Bridge

A group of landowners and farmers (collectively “landowners”) filed an October 10th lawsuit in the United States District Court for the Eastern District of Arkansas against Lawrence County, Arkansas. See No. :...more

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

by Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

Mechanic's Liens 101: Ways to Avoid Them

by Faegre Baker Daniels on

A mechanic’s lien is a powerful tool for many construction participants on private projects and a major source of risk for owners. A mechanic’s lien is an involuntary lien and a statutory right that protects contractors,...more

The Critical Importance Of Properly Serving A Construction Lien Claim

by Cole Schotz on

So, you properly file your construction lien claim within the time allowed by the New Jersey Construction Lien Law (“CLL”), and then timely send out a copy of the lien by certified and ordinary mail to the address of the...more

Air Enforcement: Arkansas Department of Environmental Quality and Arkadelphia, Arkansas Asphalt Roofing Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Siplast, Inc. (“SI”) entered into a September 29th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 17-077. SI...more

9th Edition Massachusetts State Building Code Approved With Concurrency Period

by Goulston & Storrs PC on

The long-awaited 9th Edition of the Massachusetts State Building Code has been approved by the Massachusetts State Board of Building Regulations and Standards and filed with the Secretary of State, to become effective on...more

Force Majeure during Construction – Are you Ready? (From the Owner’s Perspective)

by King & Spalding on

Hurricanes Harvey, Irma and Maria have come and gone. Looking back, were you ready? What should you be doing to prepare for the next hurricane? Lawyers spend considerable amounts of time defining the scope of force majeure...more

Four Key Takeaways From Anchin's State Of The Construction Industry Event

by Tarter Krinsky & Drogin LLP on

The annual Anchin State of the Construction Industry event brought together major players in the construction community to discuss issues impacting the sector in New York City. Here, Construction partner Laurie Stanziale...more

City Passes New Affordable Housing Requirements in Three Pilot Zones

by Foley & Lardner LLP on

On October 11th, the Chicago City Council passed two ordinances creating three new Affordable Requirements Ordinance zones. The new requirements eliminate the option to pay an in-lieu fee in the pilot zones, and require...more

The Importance of Strictly Complying with Notice Requirements on Australian Projects

by Jones Day on

The Situation: Australian courts have regularly maintained that contractors must strictly comply with any express conditions for extra time or money under construction contracts, including conditions requiring written notice...more

U.S. Court Of Claims Denies Contractor’s “Superior Knowledge” Claim Against Owner Despite Owner’s Withholding Of Reports That...

by Pepper Hamilton LLP on

RDA Constr. Corp. v. United States, No. 11-555 C, 2017 U.S. Claims LEXIS 875 (Fed. Cl. July 27, 2017) - This case arises out of a public construction project at the Newport Naval Station. The Naval Facilities Engineering...more

Move America Act of 2017 Introduced in House

by Butler Snow LLP on

A bipartisan group of four members of Congress have introduced legislation that could bring billions of dollars of new investment to state and local government to help grow and repair America’s aging infrastructure....more

Top 10 OSHA Citations for 2017

by Nexsen Pruet, PLLC on

The Occupational Safety and Health Administration has announced the Top 10 most frequently cited alleged violations for fiscal year 2017, which ended September 30. The list changes little from year to year, but this year...more

Los cambios propuestos en las regulaciones de adquisiciones pueden facilitar las P3

by Bilzin Sumberg on

El condado de Miami-Dade, la jurisdicción más grande del sur de la Florida, está evaluando actualmente asociaciones público-privadas (P3) para varios proyectos de infraestructura importantes. Estos incluyen mejoras...more

OSHA’s New Crystalline Silica Standard is Now Being Enforced for Construction

by Miller & Martin PLLC on

Enforcement began September 23, 2017, for the construction industry. Everyone covered by the standard is required to...more

Unnecessary Roughness: Coaches, Concussions And The Constitution In Mann V. Palmerton Area School District

A recent decision by the United States Court of Appeals for the Third Circuit may have coaches checking with their lawyer before deciding whether to allow an injured player to go back into a game or practice. In an alarming...more

Tic Toc Tic Toc: The Clock Is Running on Construction and Design Claims by the State of Connecticut Beginning October 1, 2017

Our readers may recall that Public Act No. 15-28 was signed by the Governor back in 2015, subjecting the State of Connecticut and its political subdivisions to a statute of limitations for asserting actions and claims arising...more

Conservation Commission Retains Authority to Regulate under Stricter Local Law Despite MassDEP Superseding Order of Conditions

by Beveridge & Diamond PC on

The Massachusetts Appeals Court recently held that a Superseding Order of Conditions issued by the MassDEP under the Wetlands Protection Act (WPA) does not divest a municipal Conservation Commission from all authority to...more

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