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Construction Updates

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

Court Finds Public Owners Responsible for Evaluating Surety as well as Surety Bonds

by Shipman & Goodwin LLP on

Mechanic’s liens provide security for nonpayment to subcontractors and suppliers on private projects. Because mechanic’s liens are not valid against property that is owned by the state or a municipality, the Little Miller Act...more

What Is “Fair Compensation” Following Termination for Convenience by the Government?

The Armed Services Board of Contract Appeals (ASBCA) recently tackled a contractor’s claim for pre-construction costs following termination for convenience by the U.S. Army Corps of Engineers. In Pro-Built Construction Firm...more

Saskatchewan Court of Appeal Clarifies Priority Rules for Builders' Liens Arising in Connection with the Recovery of Minerals

by Bennett Jones LLP on

The Saskatchewan Court of Appeal recently released a landmark decision National Bank of Canada v KNC Holdings Ltd, 2017 SKCA 57 (National Bank) which will significantly affect the priority ranking of certain Saskatchewan...more

The Continuing Saga of Sebo v. American Home Assurance Company: The Second District Court of Appeal Rules on Remand

On July 20, 2017, the Second District Court of Appeal issued an order that closed its books on the Sebo appeal. Mr. Sebo made a homeowner’s claim to American Home contending construction deficiencies had allowed water to...more

Oportunidad adicional para extender órdenes de desarrollo y permisos de construcción

El gobernador Scott extendió recientemente el estado de emergencia declarado en respuesta al virus del Zika, por lo que quienes cuenten con permisos u órdenes de desarrollo urbano tendrán una oportunidad aún mayor de...more

Negotiating Complex Agreements - Construction and Procurement Law News, Q2 2017

Sunvalley Solar, Inc. (“Sunvalley”), is a solar equipment distributor in California. It brought an action in California state court against CEEG (Shanghai) Solar Science & Technology Co., Ltd. and China Sunergy (Nanjing) Co.,...more

Pay Attention to Your Surroundings: Contractor Denied Recovery for Differing Site Conditions Where Condition was Well-Known in the...

The Civilian Board of Contract Appeals (“Board”), the court with jurisdiction over the General Services Administration and other non-defense executive agencies, denied a contractor’s claim for increased labor and equipment...more

Subcontractor Sidesteps Application of No Damages for Delay Clause - Construction and Procurement Law News, Q2 2017

A typical “limitation of liability” clause in many construction contracts is a “no damages for delay” (NDFD) clause, which provides that if, through no fault of the contractor or subcontractor, the project is delayed, the...more

The Importance of Careful Coverage Analysis

Ohio has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims made by a project owner for property damage allegedly caused by the defective work of a subcontractor....more

Funding Your Small Or Mid-Size Development Project In New Jersey

by Fox Rothschild LLP on

Obtaining financing for your development project is one of the most important aspects of moving your development plans from paper to reality. Recently, the New Jersey Economic Development Authority (the “Authority”) created a...more

Ninth Circuit Finds Incorporation Of ICC Rules Into Arbitration Agreement Constitutes Clear And Unmistakable Evidence Of...

by Carlton Fields on

In a case involving three related contracts, only one of which contained an arbitration agreement, the Ninth Circuit has held that incorporation of the rules of the International Chamber of Commerce (ICC) into an arbitration...more

Proposed Amendments to Ontario's Construction Lien Act

by Bennett Jones LLP on

On May 31, 2017, Bill 142—An Act to amend the Construction Lien Act (the “Act”) — was carried through a first reading by the Ontario Legislative Assembly. If passed, the proposed amendments to the Construction Lien Act would...more

Good News! City of Orlando Permitting Process May Get Easier

The City of Orlando, in partnership with KPMG, hosted a Permitting and Development Forum to discuss enhancements of the current review process. The forum, which took place on June 1 in the City Council Chambers, provided...more

What You Need To Know About The New NYC Department Of Buildings Procedure Involving Adjacent Properties

In connection with obtaining the NYC Department of Buildings' (DOB) approval of protection plans, which involve the installation of protection of an adjacent property, either physically on the adjacent property or in the air...more

Data Center Trends in Construction and Real Estate

Data centers trigger visions of windowless, concrete boxes located at the periphery of suburban office parks. That perception may fade in the coming years. With new technologies, such as cloud computing, blockchain platforms,...more

Pennsylvania Mechanics’ Lien Law And The Construction Notices Directory- Avoiding Potential Pitfalls

by Fox Rothschild LLP on

On October 14, 2014, the Pennsylvania General Assembly signed Act 142 creating the Pennsylvania State Construction Notices Directory, which became effective January 1, 2017 (the “Act”). The Act created an online directory...more

Commercial building efficiency opportunities

by PretiFlaherty on

A report prepared for the U.S. Department of Energy by the Pacific Northwest National Laboratory found that the nation's commercial building sector has significant potential to save energy by improving control measures and...more

KY Contractors Can Now Assert Claims for Negligent Misrepresentation Against an Architect Despite Absence of a Contract

Design professionals doing business in Kentucky beware: the Kentucky Court of Appeals recently held that a contractor may pursue a negligent misrepresentation claim against an architect for delays to a project resulting from...more

Reforms in real estate and construction – impact on investment attractiveness of Ukraine (Ukranian)

by DLA Piper on

The latest legislative changes in the real estate and construction sector have allowed for the growth of the acquisition of real estate, to strengthen the protection of the rights of owners of real estate and even simplify...more

The King’s Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides...

by Pepper Hamilton LLP on

City of Phoenix v. Glenayre Elecs., Inc., 2017 Ariz. LEXIS 121 (Ariz. May 10, 2017) - Between 1960 and 2000, Carlos Tarazon (“Tarazon”) performed work installing and repairing water piping for various contractors and...more

Additional Opportunity to Extend Development Orders & Building Permits

Governor Scott recently expanded the previously declared State of Emergency issued for the Zika Virus, allowing holders of permits and development orders an even greater opportunity to toll the period remaining to exercise...more

Florida’s Legislature Moves to Overrule Appellate Decision Regarding the Statute of Repose

by Cozen O'Connor on

Statutes of limitations and statutes of repose limit the length of time within which a cause of action may be brought. Unlike a statute of limitations, which begins to run after a loss occurs, a statute of repose for a...more

Highlights of the 2017 Revisions to the AIA-A101, A102, and A103

As discussed in a May blog article, the American Association of Architects (AIA) revise their form agreements between owner and contractor approximately every 10 years, and these form documents were recently revised by the...more

"On demand" performance bonds: no strings attached?

by White & Case LLP on

A recent Australian case decided that a claim used as a basis for encashing an "on demand" performance security did not need to be authoritatively determined first....more

The Other Shoe Drops: An Update on DOLI Enforcement of Contractor Registration Requirements

by Stinson Leonard Street on

In a move of interest to residential or commercial contractors working in Minnesota, the Minnesota Department of Labor & Industry (DOLI) recently began enforcing a 2012 requirement that all unlicensed contractors register...more

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